SERAP Rejects N100m Defamation Damages, Vows Appeal

The Socio-Economic Rights and Accountability Project (SERAP) stands firm against a recent Federal Capital Territory High Court judgment that orders us to pay N100 million in damages to two Department of State Services officials for alleged defamation. This ruling, which also mandates public apologies and post-judgment interest, is not just a financial blow; it is a serious assault on the civic space in Nigeria. We unequivocally reject this judgment, which we consider to be seriously flawed and a travesty of justice.

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This judgment is seriously flawed

We have instructed our esteemed lawyers, Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa (SAN), to immediately file an appeal. This lawsuit represents a textbook example of judicial harassment and a strategic lawsuit against public participation (SLAPP), a tactic clearly designed to intimidate civil society organizations like ours and deter legitimate human rights advocacy. It is deeply concerning that the government of President Bola Ahmed Tinubu appears to be using defamation laws as a tool to punish legitimate criticism and suppress accountability.

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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.

This judgment is not an isolated incident; it reflects a troubling pattern of using state institutions to target critics and activists. The Federal Government's alleged misuse of both the DSS and the judicial system to silence those who peacefully exercise their fundamental human rights—be they activists, journalists, or ordinary citizens—is unacceptable. The court's decision failed to adequately consider the evidence presented and disregarded crucial constitutional and international human rights protections. Such a ruling risks creating a chilling effect on freedom of expression, civic participation, and vital anti-corruption work, which are cornerstones of a healthy democracy.

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The suit was 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.

From our perspective at SERAP, this judgment raises grave concerns about Nigeria's compliance with international human rights law. Judicial authorities have a responsibility to ensure that defamation laws are not weaponized to silence dissent or suppress legitimate advocacy. We are committed to exhausting all available legal avenues, including this appeal, to uphold the rule of law and protect fundamental rights. We remain resolute in our mission to defend civic space, promote transparency, and advance accountability in Nigeria. This is not just about a legal case; it is about safeguarding the very foundations of our democracy and ensuring that citizens can hold their government accountable without fear of reprisal.

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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.