The Socio-Economic Rights and Accountability Project (SERAP) has filed a notice of appeal challenging the ₦100 million defamation judgment delivered by the High Court of the Federal Capital Territory (FCT), Abuja, in favour of officials of the Department of State Services (DSS), describing the ruling as a “travesty” and “miscarriage of justice.”
The appeal, lodged on May 8, 2026, by counsel, Tayo Oyetibo (SAN), is accompanied by an application seeking a stay of execution of the judgment pending the determination of the appeal at the Court of Appeal.
Justice Yusuf Halilu had, in a May 5 judgment, ordered SERAP to pay ₦100 million in damages to the DSS officials over alleged defamation, issue public apologies, pay ₦1 million as litigation costs, and a 10 per cent annual post-judgment interest on the sum until liquidation.
But SERAP, in its notice of appeal, argued that the decision was riddled with “fundamental legal and evidential errors” affecting jurisdiction and fairness, insisting that the ruling is “perverse and a nullity.”
The organisation disclosed that its grounds of appeal would be further amended upon receipt of the Certified True Copy of the judgment, adding that the processes already filed provide sufficient legal protection in the interim.
SERAP faulted the trial court’s reliance on what it described as defective evidence, particularly a witness statement not sworn before a Commissioner for Oaths, which it argued ought to have been discountenanced.
It maintained that the defect went to the root of the case and substantially influenced the outcome, rendering the judgment unsustainable.
The appellant also challenged the competence of the originating process, contending that the suit was initially filed against a non-juristic entity and later amended to substitute the Incorporated Trustees of SERAP.
According to the group, such an amendment cannot cure a fundamentally defective process, nor confer jurisdiction on the court.
On the substance of the defamation claim, SERAP argued that the lower court failed to apply the objective test for identification, relying instead on subjective perceptions within the DSS.
It noted that the publications complained of neither mentioned the claimants by name nor contained any unique identifiers linking them personally to the alleged defamatory statements.
SERAP further contended that the claimants, who sued in their personal capacities, failed to establish locus standi, as the alleged defamatory statements were directed at the DSS as an institution rather than at specific individuals.
The organisation accused the trial court of disregarding its defences of justification, qualified privilege and fair comment, despite evidence that the publication was substantially true and made in the public interest.
It also argued that the court wrongly inferred malice in the absence of any credible evidence, stressing that exaggeration in public interest commentary does not, in itself, invalidate fair comment.
Damages ‘Unwarranted’
SERAP maintained that the award of ₦100 million in damages was unjustified, as the claimants failed to prove any actual harm, reputational injury or financial loss arising from the publication.
It added that no independent witnesses were called to establish that members of the public understood the publication to refer to the claimants personally.
Bid to Halt Enforcement
In its application for stay of execution, SERAP warned that enforcing the judgment would severely cripple its operations and undermine its ability to pursue the appeal.
The group said it risks being unable to meet financial obligations to staff and partners, while ongoing human rights interventions and advocacy programmes could be halted.
It further argued that execution of the judgment would effectively deprive it of its constitutional right of appeal, urging the appellate court to preserve the res pending the determination of the case.
The suit (No: CV/4547/2024) was instituted by DSS officials, Sarah John and Gabriel Ogundele, who alleged that SERAP’s publication defamed them.
