SERAP rejects Court Judgment in DSS Defamation Suit, Heads to Appeal

The Socio-Economic Rights and Accountability Project (SERAP) has rejected the judgment of the Federal Capital Territory High Court, Abuja, which awarded N100 million damages against the organisation in a defamation suit filed by two officials of the Department of State Services (DSS), describing the decision as “a travesty” and “a dangerous precedent” for civic freedom in Nigeria.

Justice Yusuf Halilu had on Tuesday ruled in favour of DSS officials, Sarah John and Gabriel Ogundele, ordering SERAP to pay N100 million damages, issue public apologies, pay N1 million litigation costs and 10 percent annual post-judgment interest until the judgment sum is fully liquidated.

Reacting in a statement signed by its Deputy Director, Kolawole Oluwadare, SERAP rejected the ruling and vowed to challenge it at the Court of Appeal, saying senior lawyers Tayo Oyetibo, SAN, and Ebun-Olu Adegboruwa, SAN, had been instructed to immediately file an appeal.

SERAP described the case as “a textbook example of judicial harassment and a strategic lawsuit against public participation (SLAPP),” alleging that the Tinubu administration was using defamation laws and state institutions to suppress dissent, intimidate activists and weaken civic space.

According to the organisation, “This judgment is totally unacceptable to us. It is a serious blow to civic space in Nigeria and reflects a troubling pattern of using defamation laws to punish legitimate criticism and suppress accountability.”

The group insisted that its September 9, 2024 publication concerning the DSS was made in the public interest following what it termed an unlawful invasion and intimidation of its Abuja office by DSS operatives after SERAP called on President Bola Tinubu to investigate alleged corruption in the Nigerian National Petroleum Company Limited (NNPCL) and reverse fuel price increases.

In its defence before the court, SERAP maintained that the DSS officials who visited its office interrogated staff members, demanded incorporation documents, questioned the organisation’s internal structure and sought information about its leadership and anti-corruption advocacy activities.

The organisation further alleged that unmarked vehicles carrying DSS operatives were stationed outside its office during the encounter, creating fear among staff members who allegedly believed an arrest or raid was imminent.

SERAP also accused the DSS of giving conflicting explanations regarding the purpose of the visit, pointing to an earlier public statement by the agency describing the operation as a “routine investigation,” contrary to claims in court filings that the visit was merely for a familiarisation meeting with SERAP’s leadership.

The organisation argued that the allegedly defamatory publication did not mention the names of the DSS officials who instituted the suit and therefore could not have damaged their personal reputations.

SERAP further maintained that its statements were justified, lawful and protected under constitutional guarantees of freedom of expression and international human rights obligations binding on Nigeria.

Warning of the wider implications of the judgment, the organisation said the decision could create a “chilling effect” on anti-corruption work, civic participation and free speech, adding that courts must guard against the misuse of defamation laws to stifle legitimate advocacy and public accountability.

The suit marked FCT/HC/CV/4547/24 was instituted by DSS officials Sarah John and Gabriel Ogundele following SERAP’s social media publication accusing the agency of harassment and unlawful occupation of its premises.