The Socio-Economic Rights and Accountability Project (SERAP) has intensified its legal pushback against officials of the Department of State Services (DSS), formally rejecting Federal Capital Territory High Court judgment and initiating an appeal process in what is shaping into a significant test case on defamation, civic space, and the rule of law in Nigeria.
Justice Yusuf Halilu of the High Court in Abuja, on Tuesday, ordered SERAP to pay N100 million in damages to two DSS officials, Sarah John and Gabriel Ogundele, for alleged defamation.
The court further directed the organisation to issue public apologies, pay N1 million as litigation costs, and a 10 percent annual post-judgment interest on the damages until fully paid.
In a swift reaction, SERAP described the ruling as “seriously flawed” and “totally unacceptable,” stressing that it would exhaust all lawful avenues to overturn the decision.
The organisation confirmed that its legal team, led by senior advocates Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa (SAN), has been instructed to immediately file an appeal.
The group maintained that its decision to challenge the judgment underscores confidence in Nigeria’s judicial system, particularly the appellate courts, to ensure that justice is done and constitutional rights are protected.
“This judgment is a travesty and a serious blow to civic space in Nigeria,” SERAP said, arguing that the case reflects a broader concern about the use of defamation laws in matters involving public interest advocacy.
The organisation characterised the suit as a strategic lawsuit against public participation (SLAPP), noting that such legal actions could deter civil society organisations from carrying out legitimate human rights work.
Despite its strong reservations, SERAP reaffirmed its commitment to the rule of law, stating that its advocacy – particularly in promoting transparency, challenging corruption, and addressing illicit financial flows – remains grounded in legal and constitutional principles.
The dispute dates back to September 9, 2024, when SERAP alleged that DSS officials unlawfully entered its Abuja office shortly after the organisation called on President Bola Ahmed Tinubu to investigate corruption allegations involving the Nigerian National Petroleum Company Limited (NNPCL) and reverse fuel price increases.
In its defence before the trial court, SERAP denied the claims of defamation, insisting that its statements were directed at the DSS as an institution rather than the individual claimants.
The organisation also raised questions about the circumstances surrounding the visit, alleging inconsistencies in the officials’ accounts and maintaining that the encounter involved demands for documents and questioning of staff.
SERAP further contended that one of the officials signed the organisation’s visitors’ register using a different name, an issue it said would be central to its case.
It also argued that the visit, which it described as unannounced, created fear among its staff due to the presence of unmarked vehicles and what it termed “improper interrogation tactics.”
The organisation stated that its publication at the centre of the dispute was justified, made in good faith, and in the public interest, adding that it never mentioned the names of the DSS officials involved.
According to court documents, the DSS had publicly stated that the visit to SERAP’s office was part of a routine investigation, a position SERAP said differed from claims made in court filings that the officials were on a familiarisation mission.