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SERAP Appeals N100m DSS Defamation Judgment
The Socio-Economic Rights and Accountability Project (SERAP) has appealed the N100 million defamation judgment delivered against it by the High Court of the Federal Capital Territory, Abuja, in favour of officials of the Department of State Services.
According to a statement issued on Tuesday by SERAP Deputy Director, Kolawole Oluwadare, the organisation also 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 May 5, 2026 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 organisation 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 specialised or institutional group.
“The lower court erroneously relied on the subjective perception of the respondents and their colleagues within the Department of State Services (the ‘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.
“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.”
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 organisation 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 organisations 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.”
News
David Umahi: Colleague Narrates How Mary Habila Died
Anita Baaki, a physiotherapist friend and colleague of Mary Habila, the nurse attached to the David Umahi Federal University of Medical Sciences and on secondment to the Federal Ministry of Works, has narrated the events leading to Habila’s death.
Her narration was contained in a sworn affidavit filed before the Ebonyi State High Court on Wednesday.
According to Baaki, a Benue citizen, she travelled with Habila and other ministry officials from Abuja to Ebonyi State on June 24, 2026, for an official assignment under the Minister of Works, David Umahi.
Baaki disclosed that they were accommodated in separate but adjoining rooms in a staff chalet within the minister’s country home in Uburu, Ohaozara Local Government Area of the state.
The deceased’s friend maintained that the chalet was designated for ministry staff and associates and was not the minister’s personal residence, stressing that she last saw Habila alive on the evening of June 26 after she returned from having her hair done.
According to her, Habila stopped by her room to show off her new hairstyle before they chatted and joked for a while.
“Habila told me she was tired and wanted to take a shower before sleeping. That was the last time I saw her alive,” Baaki stated in the affidavit.
The physiotherapist said she became terrified the following morning when Habila did not come out of her room as expected, emphasising that repeated calls to Habila’s phone went unanswered, prompting her to knock on the door.
She revealed that when there was no response and the room remained locked from the inside, she alerted a domestic staff member to search the premises, noting that after Habila could not be found elsewhere, other staff members were informed and the room was forced open.
The Benue-born physiotherapist reiterated that Habila was found lying unconscious on the floor near the entrance of the room, adding that she was immediately taken to the David Umahi Federal University Teaching Hospital, where doctors confirmed that she was dead on arrival.
Baaki said her statement was made voluntarily and without coercion to assist investigators in determining the circumstances surrounding Habila’s death.
Police investigations are ongoing, while lawyers representing the Minister of Works have requested a comprehensive forensic autopsy to determine the exact cause of death before Habila’s remains are released for burial.
News
NDLEA Secures 7 Yrs Jail Term For Man Who Advertised Cannabis On Social Media
A Federal High Court in Kano has sentenced a 28-year-old man, Ashiru Idris, to seven years in prison without the option of a fine for advertising and offering cannabis sativa for sale on social media.
The National Drug Law Enforcement Agency (NDLEA) said Idris was arrested on April 22, 2026, by operatives of its Kano Strategic Command after a video of him promoting cannabis for sale went viral online.
Delivering judgement, Justice S.M. Shuaibu of the Federal High Court, Kano, convicted the defendant and ordered that the prison term take effect from July 14, 2026.
In a statement on Wednesday, the NDLEA’s Media and Advocacy Officer in Kano, Sadiq Muhammad Maigatari, described the ruling as a landmark judgement and a strong warning to those using social media to promote or sell illicit drugs.
The Kano State Commander of the NDLEA, CN DY Lawal, said the judgement had strengthened the agency’s resolve to tackle drug-related offences.
“This judgement reinforces our determination to confront drug offenders who brazenly promote illegal substances on public platforms. We will continue to act swiftly on credible intelligence and ensure offenders are brought to justice,” he said.
News
ADC Demands Umahi Steps Aside For Independent Probe Over Mary Habila Death
The African Democratic Congress, ADC, has asked the Minister of Works, David Umahi, to step aside pending an independent investigation into the death of Mary Habila, who reportedly died at his residence.
The demand was made on Wednesday in a statement by the party’s National Publicity Secretary, Bolaji Abdullahi.
The party said the circumstances surrounding Habila’s death had raised public concerns that required an independent investigation, insisting that only a transparent process would establish the facts and restore public confidence.
The party also demanded a full autopsy and the public release of the investigation findings, arguing that the investigation should be conducted outside the influence of the All Progressives Congress, APC, Federal Government.
“Every Nigerian life matters. But when a citizen dies in the home of a serving cabinet minister, the matter immediately transcends private tragedy and becomes a question of public accountability. The only acceptable response in a constitutional democracy is a thorough, transparent and independent investigation that commands public confidence,” ADC said.
The opposition party questioned the circumstances surrounding Habila’s presence at the minister’s residence, saying issues relating to her assignment, the events leading to her death and the outcome of ongoing investigations should be clarified through an independent inquiry.
ADC further alleged that the President Bola Tinubu administration had repeatedly shielded senior government officials whenever allegations emerged against them, claiming that public confidence in accountability had continued to decline.
The party also called on Umahi to step aside pending the outcome of the investigation, maintaining that such a move would allow an impartial inquiry into the matter.
“The least that should be expected is that the Minister, Senator David Umahi, should immediately step aside from office pending the conclusion of an independent investigation,” the statement added.
The party expressed condolences to Habila’s family, insisting that a transparent investigation is necessary to establish the circumstances surrounding her death.
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