A Senior Advocate of Nigeria, Ebun-Olu Adegboruwa, has criticised the recent court judgment in the N5.5 billion defamation suit filed against Socio-Economic Rights and Accountability Project (SERAP) by officials of the Department of State Services (DSS), describing the ruling as legally flawed and potentially harmful to democratic accountability.
Reacting to the decision, Adegboruwa said the judgment failed to reflect the legal arguments presented before the court, particularly on the statutory identity of the DSS, questioning whether the agency is properly designated as the DSS or the State Security Service (SSS) under Nigerian law.
He further argued that the court did not sufficiently address SERAP’s position on whether public officers, acting within the scope of their official duties, possess the legal standing to institute defamation suits on behalf of their institutions.
According to him, the plaintiffs had informed the court that they were still under internal investigation by their employer regarding their conduct at SERAP’s office. Despite this, the court proceeded to find SERAP liable for libel without establishing the identities of those allegedly defamed.
The senior lawyer also faulted the award of damages, noting that compensation in libel cases should be proportionate to the status and earnings of the claimants. He questioned the basis for awarding N100 million to public officers who, he said, did not provide evidence of their ranks or salary structures during proceedings.
Adegboruwa further described as contradictory the plaintiffs’ decision to seek personal damages arising from actions undertaken during official assignments funded by the state, raising concerns over who is entitled to receive the awarded compensation.
He also criticised the court’s decision to impose a 10 per cent interest on the damages, arguing that such an award lacked legal basis, as the matter was not contractual and no claim for interest had been substantiated.
Describing the ruling as unprecedented and potentially dangerous for civil society, Adegboruwa warned that it could set a troubling precedent capable of stifling non-governmental organisations. He confirmed that immediate steps were being taken to challenge the judgment at the appellate court.
