The Socio-Economic Rights and Accountability Project (SERAP) has rejected a judgment delivered by Justice Yusuf Halilu of the FCT High Court, Abuja, which ruled in favour of Department of State Services (DSS) officials in a N5.5 billion defamation suit.
The court directed SERAP to issue public apologies, pay N1 million in litigation costs, and a 10 per cent annual post-judgment interest on the damages until the sum is fully settled.
Reacting via a statement posted on its X handle on Tuesday, May 5, SERAP described the ruling as flawed and announced that it had instructed its legal team to immediately file an appeal.
“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 stated.
SERAP disclosed that its lawyers, Tayo Oyetibo, SAN, and Ebun-Olu Adegboruwa, SAN, have been directed to challenge the judgment.
The group characterised the lawsuit as a strategic attempt to silence civil society, warning that the ruling could have far-reaching implications for freedom of expression and public accountability in the country.
“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,” it said.
SERAP further accused the Tinubu administration of misusing state institutions, including the DSS and the judiciary, to target activists, journalists, and citizens exercising their fundamental rights.
“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,” it added.
According to the organisation, the ruling sends a dangerous signal and could create a chilling effect on freedom of expression, civic participation, and anti-corruption efforts.
It also maintained that defamation laws should not be weaponised to suppress dissent, warning that such practices undermine democratic accountability and the rule of law.
“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,” SERAP stated.
The organisation linked the case to its advocacy on alleged corruption involving the Nigerian National Petroleum Company Limited (NNPCL), accusing the government of failing to investigate its claims.
“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,” it said.
SERAP added that the Tinubu administration has continued to ignore its calls to probe alleged corruption within the NNPCL.
The lawsuit originated from a September 9, 2024 incident, when SERAP alleged that DSS officials unlawfully entered its Abuja office after it called on President Tinubu to investigate corruption claims in the oil company and reverse fuel price increases.
In its defence, SERAP denied the allegations made by the DSS officials, insisting that its publication was directed at the agency rather than individuals, and described the suit as “frivolous and vexatious.”
The organisation also alleged that the officials’ visit involved demands for documents and the questioning of staff, which it described as intimidation, while highlighting what it called inconsistencies in the DSS account.
Despite the court’s decision, SERAP reaffirmed its determination to pursue all legal avenues to overturn the judgment and continue its 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.”
Elijah Adeyemi
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