The Socio-Economic Rights and Accountability Project has challenged the ₦100 million defamation judgment awarded against it by a Federal Capital Territory High Court in Abuja in favour of officials of the Department of State Services.
SERAP, in a statement issued on Tuesday by its Deputy Director, Kolawole Oluwadare, described the May 5, 2026 judgment delivered by Justice Yusuf Halilu as “a travesty and a miscarriage of justice.”
According to the organisation, its legal team, led by Senior Advocate of Nigeria, Tayo Oyetibo, filed a notice of appeal on Friday, May 8, alongside an application seeking a stay of execution of the judgment pending the outcome of the appeal.
SERAP stated that the appeal would be updated once the Certified True Copy of the judgment is received.
“The Notice of Appeal already filed will be amended upon receipt of the Certified True Copy of the judgment to incorporate key portions of the judgment that further highlight its flawed nature,” the statement read.
Justice Halilu had ordered SERAP to pay ₦100 million in damages to two DSS officials, Sarah John and Gabriel Ogundele, over social media posts published on the organisation’s X handle in September 2024, alleging unlawful occupation of its Abuja office by DSS operatives.
The court also directed SERAP to publish apologies on its website, newspapers, and television stations.
Additionally, the organisation was ordered to pay ₦1 million in litigation costs and a 10 per cent annual post-judgment interest until the judgment sum is fully settled.
However, SERAP argued that the judgment was riddled with legal and procedural errors.
“The decision rests on fundamental legal and evidential errors that go to the root of jurisdiction and fairness in adjudication. The court’s decision is therefore perverse and a nullity,” the organisation stated.
SERAP further faulted the court’s reliance on evidence it claimed was defective, particularly a witness statement allegedly not sworn before a Commissioner for Oaths.
“The lower court erred in law by relying on the witness statement on oath of the 1st Respondent when the 1st Respondent admitted under cross-examination that the said statement was not sworn before a Commissioner for Oaths,” it argued.
On the defamation claim, SERAP maintained that the publications did not specifically identify the DSS officials involved.
“The publications complained of did not mention the Respondents by name, rank, photograph, or any unique identifier,” the appeal read.
The organisation also contended that the court relied on subjective interpretations rather than established legal standards in determining defamation.
According to SERAP, the trial court failed to properly consider its defences of justification, qualified privilege, and fair comment.
“There was also evidence that the publications were made by SERAP on an occasion of qualified privilege to inform the public about actions of state security agencies that reasonably appear intrusive and intimidating,” the organisation said.
SERAP further argued that the DSS officials failed to establish reputational or financial harm resulting from the publication.
“The Respondents did not adduce evidence of any suspension, investigation, disciplinary proceedings, or professional setback allegedly caused by the publications,” it added.
In its application for a stay of execution, SERAP warned that enforcement of the judgment could significantly disrupt its human rights and accountability programmes.
“The effect of the decision of the Court is that the operations of SERAP, Nigeria’s foremost accountability non-profit organisation committed to the promotion of human rights, rule of law, transparency, and accountability in governance, will be severely disrupted, if not entirely shut down,” the organisation stated.
It added that many individuals and communities rely on its interventions, particularly victims of human rights violations.
“Thousands of individuals and communities depend on SERAP’s work, including victims of human rights violations and beneficiaries of its advocacy, investigations, and legal interventions,” the statement added.
SERAP also maintained that immediate enforcement of the judgment could undermine its constitutional right to appeal.
“The enforcement of the judgment would deprive SERAP of its constitutional right of appeal, as it would be unable to adequately finance the prosecution of its appeal to the Court of Appeal,” it said.
The suit stemmed from posts made by SERAP on September 9, 2024, alleging that DSS operatives unlawfully occupied its Abuja office and intimidated staff members.
In the original ruling, Justice Halilu held that the publication was defamatory and had caused psychological distress to the claimants.
“It is most necessary for care and due diligence to be taken by SERAP before tweeting or releasing any particular information with respect to the action of an agency of government for public consumption,” the judge ruled.
Although the DSS officials initially sought ₦5 billion in damages, the court awarded ₦100 million, describing it as “a paltry sum.”
