Defamation: SERAP kicks as Court orders body to pay N100m, apologise to two DSS operatives

Judgment a travesty, dangerous precedent, says SERAP, vows to appeal

.Verdict is attack on free expression, civic space – Amnesty Int’l

The Socio-Economic Rights and Accountability Project (SERAP) has rejected what it described as the “seriously flawed judgment” of the Federal Capital Territory High Court, Abuja, in the N5.5 billion defamation lawsuit filed against the organisation by two officials of the Department of State Services (DSS).

Recall that  a High Court of the Federal Capital Territory (FCT) sitting at Maitama, on Tuesday,  ordered the Socio-Economic Rights and Accountability Project, SERAP, to pay N100million in damages for defaming two officials of the Department of State Services, (DSS).

The court, in a judgment delivered by Justice Yusuf Halilu, said it was satisfied that the non-governmental organization had, on September 9, 2024, tarnished the reputations of two DSS personnel, Sarah John and Gabriel Ogundele, when it falsely alleged that they invaded its office in Abuja.

The court found that SERAP, which was sued alongside its Deputy Director, Mr. Kolawole Oluwadare, unjustly defamed the operatives when it published on its website and X (formerly Twitter) handle that they invaded the office and harassed its staff member. According to the court, the publication was in bad taste.

Consequently, in addition to the N100m damages, the court ordered SERAP to tender public apologies to the defamed DSS operatives in two national newspapers, on two television stations, and on its website.

Furthermore, it ordered the defendants to pay the two operatives N1m to cover the cost of the litigation, as well as 10 percent annual interest on the judgment sum until it is fully liquidated.

The judgment followed Suit No. CV/4547/2024, which the two operatives filed before the court to challenge what they regarded as SERAP’s false claim, which had negatively affected both their reputation and the corporate image of the DSS.

Among other reliefs, they prayed the court for:An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (Twitter) handle, two national daily newspapers (Punch and Vanguard), and two national television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating its staff.

“An order directing the defendants to pay the claimants the sum of N5billion as damages for the libellous statements published about them.

 “Interest on the sum of N5bn at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.”

As well as: “An order directing the defendants to pay the claimants the sum of N50m as costs of the action.”

Although the litigants claimed N5bn in damages, the court said it was minded to award them N100m.

Reacting, SERAP in a statement said: “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.”

 “We have instructed our lawyers Tayo Oyetibo, SAN and Ebun-Olu Adegboruwa, SAN to immediately appeal this judgment.”

The statement, read in part: “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.”

“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.”

 “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 Tinubu government has continued to fail to investigate the allegations of corruption our organization 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.”

Also reacting, Amnesty International expressed concern over Tuesday’s judgment of the Federal Capital Territory High Court, Abuja, in the case involving the Socio-Economic Rights and Accountability Project, SERAP, and officials of the Department of State Services, DSS.

Reacting to the judgement in statement on Tuesday, Amnesty International said: “It raises serious concerns regarding Nigeria’s obligations under its Constitution and binding international human rights law.

“The judgment risks undermining the rights to freedom of expression, association, and civic participation, and may have a chilling effect on civil society organisations, journalists, and human rights defenders working to promote transparency and accountability.”

“This judgment sends a deeply troubling signal about the state of civic space in Nigeria,” said Isa Sanusi, director of Amnesty International Nigeria.

“The judgment appears to depart from these principles and may embolden further use of SLAPPs against civil society actors in Nigeria. Such developments risk weakening public oversight, discouraging whistleblowing, and undermining efforts to combat corruption and illicit financial flows.”

 “Nigerian authorities must quash the judgment and end judicial harassment against SERAP and other civil society organizations in the country. Authorities must stop using judicial harassment as a tool to silence critics, activists and other Nigerians solely for the peaceful exercise of their human rights.

 “Efforts to promote transparency and accountability—including challenging allegations of corruption in public institutions—are squarely within the legitimate mandate of civil society organisations. Undermining these efforts ultimately harms the public interest and erodes trust in democratic institutions.

“Civil society organisations must be able to carry out their legitimate work without fear of harassment, intimidation, or punitive legal action. The use of defamation laws in this context appears inconsistent with international standards and risks silencing critical voices.

 “Amnesty International recalls that Section 39 of the Nigerian Constitution 1999 (as amended) guarantees the right to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference. Section 40 further protects the right to peaceful assembly and association.

 “These rights are essential pillars of democratic governance and accountability.

“Nigeria is also a State Party to several international and regional human rights instruments that impose binding obligations to respect, protect, and fulfil these rights.

“The United Nations Human Rights Council Special Rapporteurs on the promotion and protection of the right to freedom of opinion and expression, and on the situation of human rights defenders, have consistently warned against the misuse of defamation laws and civil litigation to stifle dissent.

“They have emphasised that public authorities and officials should tolerate a higher level of scrutiny and criticism, particularly on matters of public interest such as corruption, governance, and the management of public resources.”