SERAP Moves to Overturn ₦100m Defamation Award to DSS Officials

The Socio-Economic Rights and Accountability Project (SERAP) has filed an appeal against a Federal Capital Territory High Court judgment ordering it to pay ₦100 million in damages to officials of the Department of State Services (DSS) over alleged defamation.

SERAP described the ruling delivered on 5 May 2026 as “legally defective, procedurally flawed, and unsupported by evidence.”

The appeal, filed by senior lawyer Tayo Oyetibo, also seeks a stay of execution to prevent enforcement of the judgment pending the outcome of proceedings at the Court of Appeal.

Last week, Justice Yusuf Halilu ordered SERAP to pay ₦100 million in damages, publish public apologies to the DSS officials, pay ₦1 million in litigation costs, and 10 percent annual interest on the judgment sum until payment is completed.

SERAP argued in its appeal that the trial court made “fundamental legal and evidential errors” that affected the fairness and validity of the proceedings.

“The court’s decision is therefore perverse and a nullity,” the organisation stated.

The group maintained that one of the key witness statements relied upon by the court was defective because it was not sworn before a Commissioner for Oaths.

“The law is settled that a witness statement on oath must be signed by the deponent in the presence of the person authorised to administer oaths,” SERAP argued.

According to the organisation, the publications at the centre of the dispute did not specifically identify the DSS officials involved.

“The publications complained of did not mention the Respondents by name, rank, photograph, or any unique identifier,” the appeal stated.

SERAP also argued that the lower court failed to apply the objective legal standard in determining whether the publications referred personally to the claimants.

The organisation further contended that the DSS officials failed to prove actual reputational harm, disciplinary action, or financial loss linked to the publications.

SERAP said the respondents sued in their personal capacities but relied heavily on internal DSS interpretations to support their claims.

The organisation is asking the Court of Appeal to nullify the judgment and dismiss Suit No. CV/4547/2024 entirely.

In its application seeking a stay of execution, SERAP warned that enforcing the judgment could threaten its survival and undermine public-interest advocacy work in Nigeria.

“Thousands of individuals and communities depend on SERAP’s work, including victims of human rights violations and beneficiaries of its advocacy, investigations, and legal interventions,” the application stated.

SERAP added that immediate enforcement of the ruling could hinder its ability to fund the appeal process and continue its operations.

The suit was filed by DSS officials Sarah John and Gabriel Ogundele.

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