Defamation: SERAP to challenge court ruling on appeal

74

Socio-Economic Rights and Accountability Project has rejected the ruling of the Federal Capital Territory High Court in Abuja, which ordered it to pay N100m in damages to two officials of the Department of State Services over alleged defamation.

Justice Yusuf Halilu on Tuesday awarded N100m against SERAP in the N5.5bn suit filed by DSS officials, Sarah John and Gabriel Ogundele.

The court also directed the organisation to publish public apologies, pay N1m as litigation costs, and a 10 per cent annual post-judgment interest until the damages are fully settled.

Reacting via its official X handle, @SERAPNigeria, the group described the ruling as “seriously flawed” and vowed to challenge it at the appellate court.

SERAP stated, “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 had instructed its lawyers, Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa (SAN), to immediately file an appeal.

According to SERAP, the 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 group further accused the Federal Government of allegedly deploying state institutions to target critics and activists.

“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,” it said.

SERAP also argued that the ruling did not reflect the evidence presented in court and overlooked constitutional and international human rights protections.

It added that the judgment could create “a chilling effect on freedom of expression, civic participation, and anti-corruption work.”

“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,” the statement added.

The suit originated from a September 9, 2024 post by SERAP alleging that DSS officials unlawfully entered its Abuja office after the organisation asked Bola Ahmed Tinubu to investigate alleged corruption in the Nigerian National Petroleum Company Limited and reverse fuel price increases.

In its defence, SERAP maintained that DSS officials harassed and intimidated its staff during the visit, alleging that one of the officials signed the visitor’s register as “Sarah David” instead of “Sarah John,” and that operatives arrived with unmarked vehicles stationed outside its premises.