Defamation is a false publication presented as fact that exposes a person or organization to ridicule, hatred, or causes damage to reputation, and is punishable under law; organizations making allegations against individuals must validate their claims, and when they cannot, they may be held liable for defamation and required to pay damages and public apologies, as demonstrated in the Federal High Court's ruling against SERAP for defaming DSS operatives.
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Court Affirms SERAP Defamed DSS, Awards N100M Damages To ComplainantsAdded:
Now let's begin the conversation.
Defamation is a false publication presented as fact that exposes a person or organization to ridicle hatred or cause damage to reputation. The act is punishable. As such, the federal high court sit in Abuja has ruled that the social economic rights and accountability project SERP defamed the department of state services DSS awarding 100 million in damages to the complainant. The court held that the publications by SERP were defamatory and not sufficiently justified by the organization thereby injuring the reputation of the DSS. It consequently audits the organization to pay damages.
All right, BKO, let's start this way because where there's a wrong, there must be a remedy. What do you make of the court judgment in the case between the DSS and Serap?
>> Yeah.
If you um [clears throat] make allegations against people >> and they feel strongly about the allegations you made.
If they were defamed in that allegation then they have every reason in the world to approach the courts to seek remedy.
Remedy through the courts is available to ordinary people is available to security operatives. It's available to politicians. It's available to journalists. And we've only seen the DSS operatives um [clears throat] use that remedy that is available through the courts.
This is what we have seen. Uh the court also ordered Sarah to tender public apologies to the officers in two national dies, two TV stations as well as on his website and ex handles.
The court awarded 1 million as the cost of litigation and imposed a 10% postjudgment interest annually on the judgment sum on it is until it is fully liquidated.
So as far as uh justice Hallelu is concerned, Sarah defamed the two operatives through publications alleging that they unlawfully invaded the Abuja office, harassed and intimidated his officials in September 2024.
The judge held that the publication was in bad test particularly from an organization established to promote transparency and accountability and it found that the claims were untrue.
So the judge did the right thing.
When you make allegations against people >> and they choose to go to court, it is your duty to validate the allegation that you have made. And if you cannot validate that allegation, then you are you are hot water.
This is what we have seen. Uh the council to the DSS affirmed that the names of the claimants were not expressly mentioned in the publications.
But he argued that they had established sufficient circumstances showing they were the persons referred to in the alleged defamatory material published by Sarah.
>> You don't have to mention someone's name to establish that you are talking about that person.
>> Okay.
>> Yes. If you describe me as somebody who appears on journalist handout, you mention the fact that I'm a staff of TVC.
I'm a very I'm a high ranking staff of TVC.
By saying that alone, everyone knows you are referring to me.
>> Okay.
>> Yes.
So there are ways in which you you describe people that it will be clear to everyone or to most people that you are referring to a particular person.
>> Okay.
>> And talking about something that is not true. So they they have every right to to seek redress. They they've gone to seek redress and the judge agreed with them.
um that they were defamed. So it's up to Sarah now uh to go to a superior court to try to [clears throat] get this judgment set aside.
>> Okay.
>> Otherwise it has to go look for >> money judgment uh cost >> okay >> to pay the DSS. And I think this sends the right message. People in the DSS put their lives on the line, working for you and I, working to protect us, identifying and exposing undesirable elements who are killing Nigerians.
The worst we can do, the best we can do for them is to pray for them and wish them well because you can never repay the sacrifice that these people make.
And if you cannot pray for them, you can't wish them well, then don't try to cause any kind of reputational damage to to the DSS as an organization or to individual operatives cuz that will be thoroughly irresponsible.
>> Exactly.
>> You can't support them with your prayers. Then don't malign them.
>> Don't diminish them before Nigerians, especially those who appreciate their work.
>> Absolutely. We can all see the improvements in the work of the DSS.
>> Mhm.
>> They arresting terrorists. If in the past you wouldn't expect that by now those who carried that uh attack in Plateau state attack, you won't expect that by now they will have been arrested.
>> But on journalist angle, you recall that I challenged the DSS.
>> Yes. to arrest these people and they did that.
>> That is how a Nigerian security institution should do.
>> Okay.
>> They shouldn't waste time in identifying the enemies of the Nigerian state. They shouldn't waste time in bringing them to justice.
>> All right. Okay.
>> So if they do that then they deserve our goodwill.
>> Yes.
>> They deserve our support as good citizens. M >> they don't deserve to be maligned, to be defamed, to be diminished in the eyes of our people.
>> Yes.
All right. Um uh Adini, let's look at this. Are there lessons to be learned from this episode between the DSS and Sarah?
>> Yes, of course. Um I believe that we are all Nigerians before we we are a civil society organization or we are in DSS or whatever armed forces or that you belongs to. I think uh in as much they are trying to be transparent in as much as they want to bring uh uh any department or any government agency uh you know to be accountable and all of that they should do it with fact you understand you don't just make just like said um these people they we need to encourage them we need to uh you know give them kudos because they are putting their life on the line to make sure we can sleep with our two eyes closed So I'm sure it's a lesson for them and for other civil organization in as much as your job or is our job to bring a government agency you know to to be accountable you know uh you don't do it just because you have the right that okay I can just come up with some >> is enough to deterate >> yes of course of course and so that they know that even if they are getting they are being funded from >> uh um international organization what have you are they should look in what and say no are this not what we are called for whatever it is you want to go to equity you must go there with a clean hands and make sure that you have all your fact and figure correctly rather than you just want to come up or maybe you want to be on the headline or just want to make sure just so that people can see and say oh you well done you are championing the cause but whatever it is you are putting out there make sure it's right make sure it's true and make sure it's justifiable Absolutely.
[clears throat]
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