The Socio-Economic Rights and Accountability Project (SERAP) has condemned a Federal Capital Territory High Court judgment ordering it to pay damages over a defamation suit filed by officials of the Department of State Services, describing the ruling as “a travesty” and a threat to civic freedoms.
Justice Yusuf Halilu of the FCT High Court in Abuja awarded N100 million in damages against SERAP, alongside N1 million in litigation costs and a 10 percent annual post-judgment interest until full payment. The court also directed the organisation to issue public apologies to the claimants.
The lawsuit was brought by two DSS officials, Sarah John and Gabriel Ogundele, following SERAP’s September 2024 publication alleging an unlawful invasion of its Abuja office by operatives of the agency.
In a statement on Tuesday, SERAP rejected the ruling, calling it “seriously flawed” and warning of its implications for freedom of expression under the administration of Bola Ahmed Tinubu.
“This judgment is totally unacceptable to us. It is a travesty and a serious blow to civic space in Nigeria,” the organisation said.
SERAP announced it has instructed its lawyers, Tayo Oyetibo and Ebun-Olu Adegboruwa, to file an immediate appeal.
Dispute over alleged DSS visit
The case stems from an incident on 9 September 2024 when SERAP accused DSS officials of entering its office without notice after the group urged the president to investigate alleged corruption in the Nigerian National Petroleum Company Limited and reverse fuel price increases.
In court filings, SERAP denied defaming the officials, arguing its statements were directed at the DSS as an institution, not individuals. It also questioned inconsistencies in the agency’s account of the visit and claimed one official used a different name when signing the organisation’s visitor log.
SERAP further alleged that the visit involved intimidation, including questioning staff, requesting documents and the presence of unmarked vehicles outside its office.
‘Chilling effect’ on civic space
Reacting to the judgment, SERAP described the suit as a strategic lawsuit against public participation, warning that such actions could deter activism and accountability efforts.
“This judgment sends a dangerous message and creates a chilling effect on freedom of expression, civic participation and anti-corruption work,” the group said.
It added that courts have a duty to prevent the misuse of legal processes and safeguard constitutional rights, including freedom of expression and association.
SERAP also raised concerns about compliance with international human rights obligations, urging Nigerian authorities to ensure that defamation laws are not used to silence dissent.
The organisation maintained that its work, particularly on transparency and anti-corruption, is carried out in the public interest and in line with the law.
The DSS has not publicly responded to SERAP’s latest statement as of the time of filing this report.