The Socio-Economic Rights and Accountability Project has appealed the ₦100 million defamation judgment awarded against it by the Federal Capital Territory High Court in Abuja in favour of officials of the Department of State Services.
In a statement issued on Tuesday by its Deputy Director, Kolawole Oluwadare, SERAP described the May 5, 2026 judgment delivered by Justice Yusuf Halilu as “a travesty and a miscarriage of justice.”
The organisation disclosed that the appeal was filed on Friday, May 8, by senior advocate Tayo Oyetibo, alongside an application for stay of execution pending the determination of the appeal.
SERAP stated, “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.”
It added that the appeal and accompanying application for stay of execution provide “adequate legal protection” pending further legal proceedings.
Justice Halilu had ordered SERAP to pay ₦100 million in damages to DSS officials, Sarah John and Gabriel Ogundele, over publications made on the organisation’s X handle alleging that DSS operatives unlawfully occupied its Abuja office in September 2024.
The court also directed SERAP to publish apologies on its website, in newspapers and on television stations, while imposing an additional ₦1 million as litigation costs and 10 per cent annual post-judgment interest until full payment is made.
In its appeal, SERAP argued that the judgment was “legally defective, procedurally flawed, and unsupported by evidence.”
“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 trial court’s reliance on what it described as defective evidence, including a witness statement it claimed was not properly 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 said.
The organisation also challenged the court’s finding on defamation, insisting that the publications did not directly identify the DSS officials.
“The publications complained of did not mention the Respondents by name, rank, photograph, or any unique identifier,” the appeal read.
SERAP argued that the lower court wrongly relied on the subjective perception of DSS personnel instead of applying the objective legal test required in defamation cases.
It also maintained that the court failed to uphold 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,” it stated.
The organisation further argued that the DSS officials failed to establish actual reputational or financial harm arising from the publication.
“The Respondents did not adduce evidence of any suspension, investigation, disciplinary proceedings, or professional setback allegedly caused by the publications,” SERAP said.
In its application for stay of execution, SERAP warned that immediate enforcement of the judgment could cripple its operations and disrupt its human rights advocacy work.
“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,” it stated.
It added, “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.”
SERAP also argued that enforcing the judgment would 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 was filed by the DSS officials following posts published by SERAP on September 9, 2024, alleging that DSS officers unlawfully occupied its office and harassed staff members.
In his 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 claimants had initially sought ₦5 billion in damages, the court awarded ₦100 million instead, describing it as “a paltry sum.”
