The Socio-Economic Rights and Accountability Project (SERAP) has today told a Federal Capital Territory High Court that the officials of Nigeria’s secret police, the Department of State Services (DSS) who invaded our Abuja office used fake names and came with two unmarked vehicles.”
SERAP had in September alleged that the DSS invaded its Abuja office, following the organisation’s letter calling on president Bola Tinubu to probe allegations of corruption in the Nigerian National Petroleum Company Limited (NNPCL) and to reverse the increase in the pump price of petrol.
The DSS then issued a statement claiming that the visit to SERAP’s office was “a routine investigation” but two of its officials subsequently filed a defamation lawsuit against SERAP, claiming over N5 billion in damages.
Tayo Oyetibo, SAN and Ebun-Olu Adegboruwa, SAN in the statement of defence and statement on oath filed on behalf of SERAP said in court that, “One DSS official who came to SERAP’s Abuja office disguised as ‘Sarah David’ to conceal their real identities, in furtherance of the agency’s bad faith and sinister motives.”
The senior lawyers also told the court that “the DSS has no operational habit or practice of engaging with officials of NGOs, whether to establish a relationship with new leadership or for any social purpose whatsoever, and whether in the Federal Capital Territory or elsewhere.”
The suit which came up today before Justice Yusuf Halilu, Court 13 has been adjourned to 29th of November 2024 for further hearing.
SERAP’s statement of defence and statement on oath, read in part: “SERAP vehemently denies the claims by the DSS and its officials and at the trial shall urge the Court to dismiss the claims in their entirety for being frivolous and vexatious, with substantial costs in favour of SERAP.”
“One of the two DSS officials who entered SERAP’s office signed the visitor’s book as “Sarah David” and not “Sarah John” as constituted in this suit. A photocopy of the extract from the visitor’s book showing that the official hid her true identity when she entered SERAP’s premises is hereby pleaded and shall be relied upon during trial.”
“The DSS stormed SERAP’s office demanding to see its management staff, demanding official documents in addition to interrogating and questioning its front desk officer.”
“SERAP shall during the trial of this suit challenge the competence of this suit on various grounds of law.”
“The statement published by SERAP was directed to the DSS as Nigeria’s secret security agency which is notorious for various acts of harassment and intimidation of innocent citizens over the years, and not the DSS officials as claimed.”
“Upon arrival at SERAP’s office, the one DSS official parked her private car at the premises of SERAP in company of two unmarked vehicles occupied by some operatives of the DSS.”
“The DSS is not known to make social friends of NGOs dedicated to the promotion of human rights and accountability in Nigeria.”
“There is no new leadership in SERAP and that the normal practice for public institutions and law enforcement agencies including the DSS, when inviting NGOs to a meeting is to send letters of invitation to such organizations for record purposes.”
“On 17th September 2024 the DSS had, through their Solicitor, Dr Alex Izinyon SAN, written to SERAP in respect of this matter in which they stated that the publication of SERAP complained of in this Suit was made of and concerning the DSS, and not the two DSS officials.”
“By a letter dated 23rd day of September 2024, SERAP’s Solicitors Messrs Tayo Oyetibo LP rejected the demands of the DSS as contained in their Solicitor’s letter.”
“It was after the exchange of correspondence between the DSS and SERAP, that the two DSS officials instituted this Suit based upon false facts that the publication was made of and concerning them.”
“The DSS has made contradictory statements as to the purpose of their unannounced visit and presence in SERAP’s Abuja office.”
“The DSS in their public statement which was issued on 10th September 2024 confirmed that they visited SERAP’s office on 9th September 2024 ‘on a routine investigation’.”
“The purpose of the ‘visit’ to SERAP’s Abuja office as contained in the said public statement by the DSS is completely different from the purpose contained in paragraph 5 of the claimants’, to the effect 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 its two officials to visit SERAP’s office and invite its new leadership for a familiarisation meeting.’”