The Socio-Economic Rights and Accountability Project, SERAP, has rejected the judgment of the Federal Capital Territory High Court, Abuja, which ordered it to pay ₦100 million in damages to two officials of the Department of State Services, DSS, over alleged defamation.
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Justice Yusuf Halilu, on Tuesday, awarded the damages against SERAP in the ₦5.5 billion defamation suit filed by two DSS officials, Sarah John and Gabriel Ogundele.
The court also ordered SERAP to issue public apologies, pay ₦1 million as litigation cost, and pay 10 per cent annual post-judgment interest until the judgment sum is fully liquidated.
Reacting to the judgment, SERAP, in a statement on its official X handle, described the ruling as “totally unacceptable,” “seriously flawed,” and a “travesty.”
The organisation said the judgment amounted to a serious blow to civic space in Nigeria and reflected what it described as a troubling pattern of using defamation laws to punish legitimate criticism and suppress accountability.
“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,” SERAP stated.
SERAP said it had instructed its lawyers, Tayo Oyetibo, SAN, and Ebun-Olu Adegboruwa, SAN, to immediately file an appeal against the judgment.
According to the organisation, the suit was “a textbook example of judicial harassment and a strategic lawsuit against public participation,” otherwise known as SLAPP, allegedly designed to intimidate civil society and discourage legitimate human rights advocacy.
SERAP also accused the Federal Government of misusing state institutions to target critics, activists, journalists and citizens exercising their fundamental rights.
“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,” the organisation said.
It argued that the judgment failed to reflect the evidence before the court and ignored constitutional and international human rights protections.
SERAP warned that the ruling could create a chilling effect on freedom of expression, civic participation and anti-corruption advocacy in Nigeria.
“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,” it added.
One of SERAP’s lawyers, Ebun-Olu Adegboruwa, SAN, also faulted the judgment, saying it did not reflect the legal arguments canvassed before the court.
Adegboruwa said the court failed to properly consider key questions raised in the case, including the legal status of the security agency and whether the agency established by law is the DSS or the SSS.
He also said the court did not address SERAP’s argument on whether public officers working in public institutions could sue for defamation on behalf of their organisations over alleged wrongs done to the agency in the course of official duties.
According to him, the plaintiffs had stated before the court that they were still under investigation by their employers to determine the propriety of their conduct at SERAP’s office, yet the court proceeded to hold SERAP liable for libel without actual proof of the identity of the persons allegedly defamed.
“Whereas the plaintiffs stated before the court that they are still under investigation by their employers to determine the propriety of their conduct in SERAP office, the judge proceeded to adjudge SERAP guilty of libel without actual proof of the identity of the persons allegedly defamed,” Adegboruwa said.
He also faulted the award of ₦100 million damages, arguing that damages for libel should be commensurate with the status and earnings of the plaintiffs.
According to him, the plaintiffs, who are public officers of the DSS, did not establish their ranks or salary scales before the court.
“In all cases, damages for libel should be commensurate with the status and earnings of the plaintiff. In this case, public officers of DSS who did not even establish their ranks or salary scales before the court were awarded ₦100m as bazaar. How much is their monthly salary?” he asked.
The senior lawyer also questioned whether the damages would be collected by the plaintiffs personally or by their employers, since the officers were allegedly sent on official assignment with public funds.
“The inconsistency and irony of this case is that the plaintiffs were sent on assignment with public funds and they turned around to sue to claim private damages from their public engagements. Now, who collects the damages, is it the plaintiffs or their employers?” he queried.
Adegboruwa further criticised the court’s award of 10 per cent interest on the damages, saying the case was not contractual in nature and that the plaintiffs did not prove any entitlement to interest.
“The judge also awarded interest at 10% on the damages awarded when it was not a contract and no case for interest was proved by the plaintiffs before the court,” he said.
Describing the ruling as strange and dangerous for democracy, Adegboruwa said it had no precedent and could be used to silence non-governmental organisations.
“It is a strange judgment that has no precedence and it is very dangerous for our democracy as it can be used to silence NGOs. We are taking immediate steps to appeal this judgment,” he said.
The suit arose from a September 9, 2024 post by SERAP alleging that DSS officials unlawfully invaded its Abuja office after the organisation asked President Bola Tinubu to probe alleged corruption in the Nigerian National Petroleum Company Limited, NNPCL, and reverse fuel price increases.
In its defence, SERAP maintained that the DSS officials harassed and intimidated its staff during the visit.
The organisation also alleged that one of the officials signed the visitor’s register as “Sarah David” instead of “Sarah John,” and that operatives arrived in unmarked vehicles that were stationed outside its premises.
SERAP said it remains committed to pursuing all available legal avenues to ensure that the rule of law is upheld and fundamental rights are protected.
“We stand resolute. We will continue to defend civic space, promote transparency, and advance accountability in Nigeria,” the organisation stated.
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