The Federal Capital Territory (FCT) High Court sitting in Abuja on Tuesday awarded N100m damages against the Socio-Economic Rights and Accountability Project (SERAP) in favour of two staff of the Department of State Services (DSS).
However, the Socio-Economic Rights and Accountability Project (SERAP) rejected the judgment and has indicated it is appealing against the decision.
The court awarded the fine in its judgement in a defamation suit instituted by two officials of the Department of State Services (DSS)against SERAP.
In the judgment delivered on Tuesday, Justice Yusuf Halilu awarded the N100 million damages in favour of the DSS officials, Sarah John and Gabriel Ogundele.
The court also ordered SERAP to publish public apologies, pay N1 million as litigation costs and 10 per cent annual post-judgment interest on the judgment sum until full payment.
Reacting to the decision in a statement signed by its Deputy Director, Kolawole Oluwadare, SERAP said it disagreed with the judgment and had instructed senior lawyers, Tayo Oyetibo, SAN, and Ebun-Olu Adegboruwa, SAN, to file an appeal.
The organisation described the ruling as a “serious setback for civic space and freedom of expression,” arguing that the case raises broader concerns about the use of defamation proceedings in matters involving public accountability and criticism of state institutions.
SERAP maintained that its September 9, 2024 publication concerning the DSS was made in the public interest following an incident at its Abuja office involving DSS operatives after the organisation called on President Bola Tinubu to investigate alleged corruption in the Nigerian National Petroleum Company Limited (NNPCL) and review fuel price increases.
According to SERAP, officials who visited its office requested documents relating to the organisation’s registration and activities, while staff members allegedly felt intimidated by the presence of security operatives and vehicles stationed around the premises.
The organisation further contended that the publication complained of in the suit did not specifically identify the DSS officials who instituted the action and therefore could not have defamed them personally.
SERAP also argued that its statements were protected under constitutional provisions guaranteeing freedom of expression and under applicable international human rights instruments.
While expressing concern over the implications of the judgment for civil society organisations and anti-corruption advocacy, SERAP said the issues raised in the case would now be determined by the Court of Appeal.
The suit, marked FCT/HC/CV/4547/24, was filed by DSS officials Sarah John and Gabriel Ogundele over a social media publication by SERAP alleging harassment and unlawful occupation of its office premises by DSS operatives.