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Alleged Defamation: DSS Sues SERAP, Demands N5.5bn In Damage
The Department of State Services (DSS) has instituted a N5.5 billion defamatory suit against the Socio-Economic Rights and Accountability Project (SERAP).
The department said SERAP made a false claim that its operatives invaded SERAP’s Abuja office.
The DSS, in the suit filed in the names of two of its officials; Sarah John and Gabriel Ogundele, stated that the alleged false claim by SERAP had negatively impacted its reputation and that of the two officials involved.
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The suit was filed on October 17 by the security outfit through its team of lawyers, led by Akinlolu Kehinde, SAN, at the High Court of the Federal Capital Territory (FCT).
In the suit marked: CV/4547/2024, the DSS sued SERAP and its Deputy Director, Kolawole Oluwadare, as 1st and 2nd defendants.
The service, in its statement of claim, averred that in line with its practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two of its officials; to visit SERAP’s office and invite its new leadership for a familiarisation meeting.
It said in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on Sept. 9 and met with one Ruth.
It said Ruth, upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.
The DSS, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to informed her organisation’s management about the visit and volunteered a phone number – 08160537202.
It said it was surprising that shortly after their visit, SERAP posted on its X (Twitter) handle: @SERAPNigeria, claiming that officers of the DSS are presently unlawfully occupying its office.
“On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits.
SERAP alleging that some officers from the DSS, described as ‘a fall, large, dark-skinned woman’ and ‘a slim, dark skinned man,’ invaded their Abuja office and interrogated the staff of the first defendant.
“In their statement, the defendants also urged the President of the Federal Republic of Nigeria, Bola Ahmed Tinubu, to immediately direct the DSS to end its intimidation, harassment and attack against the first defendant and the threat of arrest against its directors.
“Due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana, SAN.
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“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants,” it said.
The agency added that the defendants’ statements caused harm to the claimants’ reputation because the staff and management of the DSS had formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore,
incompetent and unprofessional.
It also stated that the defendants’ statements caused harm to the claimants’ reputation because staff of the DSS had formed the opinion that the ridicule and criticisms received by the DSS are a result of the claimants actions.
It added that as a result of the defendants’ false statements, the claimants are the subject of an ongoing investigation by the DSS.
It said John and Ogundele had been made to make statements, subjected to interrogations, faced a disciplinary panel and now suspended from the DSS pending the outcome of the ongoing investigation.
The service therefore prayed the court for an order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle.
The apology, the DSS said, must be published in two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television).
*An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.
“Interest on the sum of N5 billion at the rate of 10 per cent per annum from the date of judgment until the judgment sum is realised or liquidated.
“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.
The case, now assigned to Justice Yusuf Halilu of Court 13 of the High Court of the FCT, is yet to be scheduled for hearing.
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