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SERAP to Appeal as Court Orders ₦100m Damages in DSS Defamation Case

SERAP describes DSS judgment as flawed and dangerous, raises concerns over freedom of expression.

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SERAP

The Socio-Economic Rights and Accountability Project (SERAP) has condemned a Federal Capital Territory High Court ruling that awarded ₦100 million in damages against it in a defamation suit filed by two Department of State Services (DSS) officials.

Delivering judgment, Justice Yusuf Halilu ordered SERAP to also issue public apologies, pay ₦1 million in litigation costs, and a 10 percent annual post-judgment interest on the damages.

SERAP, however, described the ruling as “a travesty” and “a dangerous precedent,” insisting it would challenge the decision at the appellate court.

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

The group confirmed it has engaged its lawyers, Tayo Oyetibo (SAN) and Ebun-Olu Adegboruwa (SAN), to file an appeal.

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According to SERAP, the case represents “judicial harassment” and a “strategic lawsuit against public participation (SLAPP)” aimed at silencing civil society voices.

“The Tinubu government is misusing both the DSS and the judicial system to target activists, journalists, and ordinary Nigerians,” it alleged.

SERAP warned that the judgment could undermine freedom of expression and discourage anti-corruption efforts, stating that courts must prevent the misuse of legal processes to suppress dissent.

The dispute originated from a statement issued by SERAP on September 9, 2024, claiming DSS officials entered its Abuja office after it urged President Tinubu to investigate alleged corruption in NNPCL.

In court filings, SERAP denied defaming the officials, arguing that its publication referred to the DSS as an institution, not individuals, and was based on facts.

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The organisation also detailed its account of the visit, alleging that DSS operatives arrived in unmarked vehicles, demanded access to documents, and questioned staff, causing fear among employees.

The suit, filed by DSS officials Sarah John and Gabriel Ogundele, challenged those claims and resulted in the damages award.

SERAP maintained it will continue to pursue legal remedies, stating its work “in promoting transparency, challenging corruption, and addressing illicit financial flows is carried out in the public interest and in accordance with the law.”

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