DSS Unlawful Invasion: Judgement Against Us A Travesty, Dangerous Precedent, Says SERAP

The Socio-Economic Rights and Accountability Project (SERAP) has described the Federal Capital Territory (FCT) High Court, Abuja, judgment against it as “seriously flawed”.

SERAP had filed a N5.5 billion defamation lawsuit against two officials of the Department of State Services (DSS).

Justice Yusuf Halilu of the court ordered SERAP to pay N100 million in damages to the DSS officials for alleged defamation.

The court also directed the organisation to issue public apologies, pay N1 million in litigation costs, and pay 10 per cent annual post-judgment interest on the damages until fully paid.

Reacting, SERAP, in a statement signed by Kolawole Oluwadare, deputy director said the judgment is totally unacceptable to us, calling it a travesty and a serious blow to civic space in Nigeria.

According to SERAP, it reflects a troubling pattern under the government of President Bola Ahmed Tinubu of using defamation laws to punish legitimate criticism and suppress accountability.”

Parts of the statement read, “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.”

“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.”

“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.”

“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.”

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

“Strategic lawsuits against public participation undermine the rule of law by diverting judicial processes from their proper purpose—justice—to repression.”

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

“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.”

“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. We will continue to defend civic space, promote transparency, and advance accountability in Nigeria.”

“Our work —particularly in promoting transparency, challenging corruption, and addressing illicit financial flows—is carried out in the public interest and in accordance with the law.”

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

“We call on Nigerian authorities to uphold their constitutional and international human rights obligations, including the duty to protect human rights defenders and ensure that security agencies operate lawfully, transparently, and accountably.”

The lawsuit arose after SERAP, on 9 September 2024, alleged that DSS officials unlawfully entered its Abuja office following the organisation’s call on President Tinubu to investigate corruption allegations in NNPCL and reverse fuel price increases.