SERAP appeals defamation judgement in DSS case

The Socio-Economic Rights and Accountability Project, SERAP, has appealed the N100 million defamation judgment delivered against it by the FCT High Court in favour of two officials of the Department of State Services, DSS.

SERAP Deputy Director, Kolawole Oluwadare disclosed that the organization has filed an application seeking a stay of execution of the judgment pending the determination of the appeal.

The appeal, filed on Friday by Tayo Oyetibo, SAN, challenged the Tuesday judgment delivered by Justice Yusuf Halilu, which awarded N100 million in damages to DSS officials Sarah John and Gabriel Ogundele over alleged defamation.

The court had also ordered SERAP to publish public apologies, pay N1 million in litigation costs and a 10 per cent annual post-judgment interest on the damages until fully paid.

SERAP described the ruling as “a travesty and miscarriage of justice,” arguing that the judgment was legally and procedurally flawed.

The organization stated that its notice of appeal would be amended after obtaining the Certified True Copy of the judgment to include additional portions highlighting what it called defects in the ruling.

In the appeal, SERAP argued that the trial court relied on defective evidence, including a witness statement allegedly not sworn before a Commissioner for Oaths.

It partly reads: “The lower court erred in law in holding that the words complained of were published of and concerning the Claimants personally, contrary to the established objective test for identification in the tort of defamation.

“Particulars Of Error: the lower court failed to apply the objective test laid down by the Supreme Court in Ologe v. New Africa Holdings Ltd and Abalaka v. Akinsete, which requires that words be understood as referring to the claimant by right-thinking members of society generally, not by a specialized or institutional group.

“The lower court erroneously relied on the subjective perception of the respondents and their colleagues within the Department of State Services, DSS.”

SERAP further argued that the court failed to uphold its defences of justification, qualified privilege and fair comment, insisting that the publications were substantially true and made in the public interest.

The organisation also maintained that the DSS officials failed to prove reputational injury, financial loss or any actual harm resulting from the publications.

“The lower court failed to apply the settled principle of law that an individual member of a large class, body, or institution cannot maintain an action for defamation unless the words complained of, clearly and specifically identify that individual,” it reads.

Also Read: SERAP serves appeal notice in ₦100m defamation judgement

“The DSS is a large institution, and the words complained of did not specifically, directly, or uniquely identify the Respondents.”

“The Respondents had no locus standi to maintain an action against SERAP. The lower court lacked jurisdiction to entertain the Respondents’ action,” it reads.

SERAP is asking the Court of Appeal to set aside the entire judgment and dismiss the suit for lacking merit. In its application for stay of execution, the organization warned that enforcing the judgment could severely disrupt its operations and affect ongoing human rights, transparency and accountability programmes.

SERAP stated that execution of the judgment could also hinder its ability to finance and pursue the appeal process effectively.

“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. Halting our operations would have far-reaching consequences for public interest work and access to justice in Nigeria.

“SERAP is committed to pursuing the appeal diligently and in accordance with the rule of law. The case raises broader concerns about the protection of civic space, the ability of civil society organizations to operate without undue interference, and the importance of safeguarding public interest advocacy.

“The enforcement of the judgment would deprive SERAP of its constitutional right of appeal, as it would be unable to adequately finance the prosecution of its appeal to the Court of Appeal. The balance of convenience is in favour of the granting of this application and/or making of the injunctive order sought,” it reads.

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Tags: Department of State Services Kolawole Oluwadare Socio-Economic Rights and Accountability Project