Court judgment against SERAP is attack on free expression, civic space – Amnesty Int’l

Amnesty International has expressed concern over today’s judgment of the Federal Capital Territory High Court, Abuja, in the case involving the Socio-Economic Rights and Accountability Project, SERAP, and officials of the Department of State Services, DSS.

Recall that Justice Yusuf Halilu of the High Court of the Federal Capital Territory today 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 a 10 percent annual post-judgment interest on the damages until fully paid.

The case

Recall that on September 9, 2024, DSS officials visited SERAP’s Abuja office without prior written notice, questioned staff, and were reportedly accompanied by operatives stationed outside the premises.

SERAP publicly raised concerns about intimidation and harassment.

Two DSS officials subsequently filed a defamation suit against the organisation — an action widely characterised as a Strategic Lawsuit Against Public Participation, SLAPP, aimed at deterring legitimate human rights advocacy.

Reacting in statement to today’s judgment, Amnesty International said: “It raises serious concerns regarding Nigeria’s obligations under its Constitution and binding international human rights law.

“The judgment risks undermining the rights to freedom of expression, association, and civic participation, and may have a chilling effect on civil society organisations, journalists, and human rights defenders working to promote transparency and accountability.”

“This judgment sends a deeply troubling signal about the state of civic space in Nigeria,” said Isa Sanusi, director of Amnesty International Nigeria.

“The judgment appears to depart from these principles and may embolden further use of SLAPPs against civil society actors in Nigeria. Such developments risk weakening public oversight, discouraging whistleblowing, and undermining efforts to combat corruption and illicit financial flows.”

“Nigerian authorities must quash the judgment and end judicial harassment against SERAP and other civil society organizations in the country. Authorities must stop using judicial harassment as a tool to silence critics, activists and other Nigerians solely for the peaceful exercise of their human rights.

“Efforts to promote transparency and accountability—including challenging allegations of corruption in public institutions—are squarely within the legitimate mandate of civil society organisations. Undermining these efforts ultimately harms the public interest and erodes trust in democratic institutions.

“Civil society organisations must be able to carry out their legitimate work without fear of harassment, intimidation, or punitive legal action. The use of defamation laws in this context appears inconsistent with international standards and risks silencing critical voices.

The Constitution

“Amnesty International recalls that Section 39 of the Nigerian Constitution 1999 (as amended) guarantees the right to freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference. Section 40 further protects the right to peaceful assembly and association.

“These rights are essential pillars of democratic governance and accountability.

“Nigeria is also a State Party to several international and regional human rights instruments that impose binding obligations to respect, protect, and fulfil these rights.

“The United Nations Human Rights Council Special Rapporteurs on the promotion and protection of the right to freedom of opinion and expression, and on the situation of human rights defenders, have consistently warned against the misuse of defamation laws and civil litigation to stifle dissent.

“They have emphasised that public authorities and officials should tolerate a higher level of scrutiny and criticism, particularly on matters of public interest such as corruption, governance, and the management of public resources.”

Amnesty International urged Nigerian authorities to:

• Refrain from using defamation laws and civil litigation to suppress legitimate criticism and public interest advocacy;
• Ensure that security agencies, including the DSS, operate strictly within the bounds of the law and respect human rights;
• Protect human rights defenders, journalists, and civil society organisations from harassment, intimidation, and reprisals;
• Align domestic laws and judicial practice with Nigeria’s international human rights obligations.

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