The Federal Capital Territory High Court in Abuja, yesterday, held that the Socio-Economic Rights and Accountability Project (SERAP) defamed the Department of State Services (DSS), awarding N100 million damages against the organisation.
Justice Yusuf Halilu, who delivered the judgment in the defamation suit filed by the DSS, held that the publication by SERAP falsely portrayed DSS operatives as acting unlawfully and harassing the group’s members of staff.
The judge said that the central issue before the court was whether the claimants proved defamation and were entitled to the relief sought, noting that the defendants failed to challenge the oath evidence presented by the claimants.
According to the court, defamation remains a distinct legal wrong that exposes a person to hatred, ridicule, or contempt, covering both libel and slander.
Justice Halilu, therefore, held that the publication complained of was libellous as it was shown to have been published and capable of damaging the reputation of the claimants.
The judge, who stated that although SERAP did not expressly mention the names of the DSS operatives, the publication’s physical descriptions clearly identified them, ruled that the publication conveyed the impression that the DSS officers unlawfully occupied SERAP’s office and intimidated its members of staff, thereby injuring their professional reputation.
The court consequently awarded N100 million damages against SERAP and ordered the organisation to publish apologies in national newspapers and on television platforms.
REACTING, SERAP, in a statement signed by its Deputy Director, Kolawole Oluwadare, said it disagreed with the judgment and had instructed senior lawyers, Tayo Oyetibo (SAN), and Ebun-Olu Adegboruwa (SAN), to file an appeal.
The organisation described the judgment as a “serious setback for civic space and freedom of expression,” arguing that the case raises broader concerns about the use of defamation proceedings in matters involving public accountability and criticism of state institutions.
SERAP maintained that its September 9, 2024, publication concerning the DSS was made in the public interest following an incident at its Abuja office involving DSS operatives after the organisation called on President Bola Tinubu to investigate alleged corruption in the Nigerian National Petroleum Company Limited (NNPCL) and review fuel price increases.
According to SERAP, DSS officials who visited its office requested documents relating to the organisation’s registration and activities, while staff members allegedly felt intimidated by the presence of security operatives and vehicles stationed around the premises.
The organisation further contended that the publication complained of in the suit did not specifically identify the DSS officials who instituted the action and therefore could not have defamed them personally.
ALSO, Amnesty International has condemned the court’s judgment, describing it as a dangerous blow to free expression and civic space.
It noted that the judgment, which imposes significant financial penalties and orders public apologies, raises serious concerns regarding Nigeria’s obligations under its Constitution and binding international human rights law.
“Nigerian authorities must quash the judgment and end judicial harassment against SERAP and other civil society organisations 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,” Amnesty International said.
It maintained that efforts to promote transparency and accountability, including challenging allegations of corruption in public institutions, are squarely within the legitimate mandate of civil society organisations, noting that undermining these efforts ultimately harms the public interest and erodes trust in democratic institutions.
The organisation also urged Nigerian authorities to refrain from using defamation laws and civil litigation to suppress legitimate criticism and public interest advocacy.
Follow Us on Google News
Follow Us on Google Discover