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SERAP rejects court ruling, seeks appeal

 

The Socio-Economic Rights and Accountability Project (SERAP) has faulted a judgment delivered by the Federal Capital Territory High Court in Abuja, describing it as “seriously flawed” in a N5.5 billion defamation case instituted by officials of the Department of State Services (DSS).

Justice Yusuf Halilu had, on Tuesday, ordered the organisation to pay N100 million in damages to the DSS officials over alleged defamatory claims.

The court also directed SERAP to issue public apologies, pay N1 million as litigation costs, and apply a 10 per cent annual interest on the judgment sum until it is fully paid.

In a swift reaction, SERAP, through a statement signed by its Deputy Director, Kolawole Oluwadare, strongly condemned the verdict.

“This judgment is totally unacceptable to us. It is a travesty and a serious blow to civic space in Nigeria,” the organisation stated.

SERAP argued that the ruling reflected a broader trend under President Bola Tinubu’s administration, alleging that defamation laws are increasingly being used to suppress dissent and weaken accountability.

“It reflects a troubling pattern under the government of President Bola Tinubu of using defamation laws to punish legitimate criticism and suppress accountability,” the statement added.

The group disclosed that it has engaged senior advocates Tayo Oyetibo and Ebun-Olu Adegboruwa to challenge the ruling at the appellate court.

Describing the suit as a form of intimidation, SERAP said, “this case represents 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.”

It also accused the government of deploying state institutions against critics.

“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 statement read.

SERAP maintained that attention should instead be directed at investigating corruption allegations, particularly those involving the Nigerian National Petroleum Company Limited.

“Rather than deploying state institutions to intimidate critics, the government should be protecting those working to expose corruption, including allegations involving the Nigerian National Petroleum Company Limited,” it said.

The organisation also faulted the court’s interpretation of evidence and its disregard for constitutional and international safeguards.

“We strongly disagree with the judgment, which fails to reflect the evidence presented before the court and disregards Nigeria’s constitutional guarantees and international human rights obligations,” SERAP stated.

Warning of broader implications, the group said the ruling could undermine democratic freedoms.

“This judgment sends a dangerous message and creates a chilling effect on freedom of expression, civic participation, and anti-corruption work,” it added.

According to SERAP, such lawsuits risk turning the judiciary into a tool for repression rather than justice.

“Courts have a duty to prevent the misuse of legal proceedings and to safeguard the rights to freedom of expression and association,” the statement noted.

The organisation also raised concerns about compliance with global human rights standards, cautioning against the misuse of defamation laws.

“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 said.

Reaffirming its stance, SERAP pledged to exhaust all legal avenues to overturn the ruling.

“We are committed to pursuing all available legal avenues, including appeal, to ensure that the rule of law is upheld and that fundamental rights are protected. We stand resolute,” the statement read.

SERAP reiterated that its anti-corruption and transparency work is conducted in the public interest and within legal bounds.

It also criticised the government for allegedly failing to act on corruption allegations previously raised against the NNPCL.

“The Tinubu government has continued to fail to investigate the allegations of corruption our organisation raised against the Nigerian National Petroleum Company Limited,” it said.

The group called on authorities to uphold constitutional and international obligations, including the protection of human rights defenders and ensuring accountability within security agencies.

The case originates from an incident on September 9, 2024, when SERAP alleged that DSS officials unlawfully entered its Abuja office after it urged President Tinubu to probe corruption allegations involving the NNPCL and reverse fuel price hikes.

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