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Falana, Odinkalu condemn CDHR position on DSS/SERAP defamation judgment

Human rights lawyer, Femi Falana (SAN), and activist Professor Chidi Odinkalu have backed the Socio-Economic Rights and Accountability Project (SERAP) in its ongoing legal battle with the Department of State Services (DSS).

Their interventions come amid a growing controversy triggered by criticism from veteran journalist and activist Richard Akinnola, who accused a faction of the Committee for the Defence of Human Rights (CDHR) of hypocrisy over its stance in the case.

The dispute began after Justice Halilu Yusuf of the Federal High Court in Abuja ordered SERAP to pay ₦100 million in damages to DSS officials Sarah John and Gabriel Ogundele in a defamation case, alongside an apology to be published across multiple media platforms.

Following public debate over the ruling, CDHR urged SERAP to comply immediately, stating that while criticism of court decisions is allowed, it must be done with restraint and respect for due process.

But Akinnola faulted the position, describing it as a betrayal of the civil society movement.

He said CDHR’s call raised “more questions about their intentions,” adding, “I never knew a day like this would come when notable activists who had been in the struggle over the years would be publicly supporting a security agency against a member of their constituency.”

He also questioned why CDHR was insisting on immediate compliance when SERAP had already indicated its intention to appeal the judgment.

Akinnola referenced historical legal precedents, including the defamation case involving the late human rights lawyer Gani Fawehinmi, noting that judgments had previously been appealed before damages were enforced.

“Why the sudden interest in asking SERAP to immediately comply with the judgment… while ignoring similar or larger issues involving the government?” he asked.

Responding to the debate, Falana faulted CDHR’s position, insisting that SERAP is fully within its rights to challenge the ruling.

He said, “Contrary to your curious position, filing an appeal against the judgment of the Court of first instance does not amount to disobedience of court orders. An aggrieved party has the unquestionable right to file an appeal against the judgment of a court.”

Falana cited historical precedent involving Gani Fawehinmi, noting that the late legal icon never paid damages awarded in a defamation case involving senior military officers because he successfully appealed the judgment.

“The late Chief Gani Fawehinmi SAN never paid the N6 million damages… Gani repudiated the judgment and exercised his constitutional right of appeal, which he eventually won,” Falana stated.

He also dismissed suggestions that SERAP should be compelled to pay before exhausting its legal options.

In a separate critique, Odinkalu described CDHR President and Secretary of the Board of Trustees, Debo Adeniran as inconsistent, alleging that the group had failed in the past to demand enforcement of several court judgments against government agencies.

He argued that CDHR had not previously called for immediate compliance when SERAP secured rulings against the Nigerian government, questioning why the same urgency was now being applied in favour of DSS officers.

“I never read nor did I ever hear Debo Adeniran ever issue a statement asking the Nigerian government or any of its agencies to obey court orders secured against them by SERAP,” the statement read.

“Today, Debo is senior advocate for 2 officers of@OfficialDSSNG clearly on a mission to #SLAPP around with #SERAP. This too will unravel. But meanwhile, this “democracy” is good for what it keeps revealing about things & people we were inclined to take for granted.”

Vanguard News

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