A High Court of the Federal Capital Territory (FCT) in Abuja, has reserved judgment in the N5.5 billion defamation suit instituted by two operatives of the State Security Services (SSS) against the Socio-Economic Rights and Accountability Project (SERAP) and its Deputy Director, Kolawole Oluwadare.
Justice Halilu Yusuf fixed judgment for a date to be communicated to parties after counsel adopted their final written addresses.
The claimants, Sarah John and Gabriel Ogundele, are challenging a publication made by SERAP on September 9, 2024, in which the organisation alleged that officials of the DSS unlawfully invaded its Abuja office, intimidated and harassed its staff.
While adopting the claimants’ final written address on Thursday, their counsel, Oluwagbemileke Kehinde, urged the Court to grant all the reliefs sought.
He argued that the defendants’ publication was defamatory and that the claimants had successfully established all the ingredients required to sustain an action in libel.
Kehinde faulted the competence of the 12-page reply address filed on behalf of the second defendant, contending that it violated Order 39 Rule 2 of the Court’s rules, which prescribes a maximum of 10 pages for a reply address. He urged the Court to discountenance the address.
He further submitted that contrary to the defendants’ position, the law does not require that every member of society must know the claimants before they can succeed in a defamation claim.
According to him, it is sufficient that colleagues and associates understood that the publication referred to the claimants.
In response, counsel to SERAP, Victoria Bassey, adopted her client’s final written address and reply on points of law after the Court granted her application to deem the processes properly filed, having been filed out of time.
Bassey urged the Court to dismiss the suit, maintaining that the claimants were not specifically named in the publication and therefore bore the burden of proving that they were the persons referred to.
Counsel to the second defendant, Oluwatosin Adesioye, aligned himself with Bassey’s submissions and also prayed the Court to dismiss the action.
He raised questions about the Court’s jurisdiction and contended that the claimants had not established that they were the persons targeted in the publication.
During the defence hearing on November 24, 2025, Oluwadare admitted authoring the publication complained of.
He told the Court that he acted on information received from Vivian Amadi, a front desk officer and receptionist at SERAP’s Abuja office.
He acknowledged that he was not physically present during the visit of the DSS officials but was informed by Amadi about their presence. Oluwadare read out the first paragraph of the publication in open Court and admitted using the words “unlawful,” “intimidating,” and “harassing” to describe the officials’ conduct.
However, he disagreed that the words constituted serious allegations against the two claimants.
He also admitted that he did not consult with the DSS before issuing the publication.
Under cross-examination, the witness confirmed that the officials did not brandish weapons, seize or damage property, assault any staff, or force entry into the premises.
In their statement of claim, John and Ogundele maintained that their visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja, was in line with a directive to engage with non-governmental organisations operating in the FCT and establish contact with new leadership.
They stated that upon arrival, they met a staff member identified as Ruth, who informed them that the organisation’s management was out of the country and advised that a formal letter be sent. The claimants said they recorded their interaction and left peacefully after being given a contact phone number.
They expressed surprise that shortly after their visit, SERAP posted on its X (formerly Twitter) handle, @SERAPNigeria, alleging that DSS officers were unlawfully occupying its office.
The claimants are seeking an order directing the defendants to tender a public apology on SERAP’s website, its X handle, and through national newspapers and television stations. They are also claiming N5 billion in damages.
Editor: Ken Eseni
