The Socio-Economic Rights and Accountability Project (SERAP) has faulted the judgment delivered by the Federal Capital Territory High Court in Abuja, describing it as deeply flawed in the ₦5.5 billion defamation suit brought against it by two officials of the Department of State Services (DSS).
On Tuesday, Justice Yusuf Halilu ruled in favour of the DSS officials, ordering SERAP to pay ₦100 million as damages for defamation. The court further directed the organisation to publish public apologies, pay ₦1 million as litigation costs, and a 10 per cent annual interest on the judgment sum until it is fully settled.
Responding to the verdict, SERAP, in a statement signed by its Deputy Director, Kolawole Oluwadare, strongly condemned the ruling. “This judgment is totally unacceptable to us. It is a travesty and a serious blow to civic space in Nigeria. It reflects a troubling pattern under the government of President Bola Ahmed Tinubu of using defamation laws to punish legitimate criticism and suppress accountability.”
The organisation disclosed that it has taken immediate steps to challenge the decision in court. “We have instructed our lawyers, Tayo Oyetibo, SAN, and Ebun-Olu Adegboruwa, SAN, to immediately appeal this judgment.”
SERAP further described the case as an attempt to stifle civil society voices. “This case represents a textbook example of judicial harassment and a strategic lawsuit against public participation (SLAPP), designed to intimidate civil society and deter legitimate human rights advocacy.
“The Tinubu government is misusing both the DSS and the judicial system to target activists, journalists, and ordinary Nigerians who are peacefully exercising their fundamental human rights.
“Rather than deploying state institutions to intimidate critics, the government should be protecting those working to expose corruption, including allegations involving the Nigerian National Petroleum Company Limited.”
The group also argued that the court’s decision failed to properly reflect the facts presented. “We strongly disagree with the judgment, which fails to reflect the evidence presented before the court and disregards Nigeria’s constitutional guarantees and international human rights obligations.
“This judgment sends a dangerous message and creates a chilling effect on freedom of expression, civic participation, and anti-corruption work.
“Strategic lawsuits against public participation undermine the rule of law by diverting judicial processes from their proper purpose—justice—to repression.
“Courts have a duty to prevent the misuse of legal proceedings and to safeguard the rights to freedom of expression and association.”
Raising broader concerns, SERAP added: “The judgment raises serious concerns regarding compliance with international human rights law. Judicial authorities must ensure that defamation laws are not weaponised to silence dissent or suppress legitimate advocacy.
“We are committed to pursuing all available legal avenues, including appeal, to ensure that the rule of law is upheld and that fundamental rights are protected. We stand resolute. We will continue to defend civic space, promote transparency, and advance accountability in Nigeria.
“Our work—particularly in promoting transparency, challenging corruption, and addressing illicit financial flows—is carried out in the public interest and in accordance with the law.”
The organisation also accused the government of failing to act on its earlier claims. “The Tinubu government has continued to fail to investigate the allegations of corruption our organisation raised against the Nigerian National Petroleum Company Limited (NNPCL).
“We call on Nigerian authorities to uphold their constitutional and international human rights obligations, including the duty to protect human rights defenders and ensure that security agencies operate lawfully, transparently, and accountably.”
The legal dispute stems from claims made by SERAP on September 9, 2024, alleging that DSS operatives unlawfully entered its Abuja office after the group urged President Tinubu to probe corruption allegations involving the NNPCL and reverse fuel price increases.