The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has issued an urgent appeal concerning the escalating intimidation and judicial harassment of the prominent Nigerian non-governmental organisation, the Socio-Economic Rights and Accountability Project (SERAP).
This intervention follows a recent court judgment against SERAP and a pattern of threats that the Observatory says are creating a chilling effect on civic participation and freedom of expression in Nigeria.
The case has its roots in events of September 2024, when SERAP publicly exposed alleged corruption and mismanagement within the Nigerian National Petroleum Company Limited (NNPCL) and criticised an increase in petrol pump prices.
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Shortly after, on 9 September 2024, SERAP posted on X that officials from the Department of State Services (DSS) had unlawfully entered its Abuja office in unmarked vehicles without official notice, with one official allegedly concealing her identity by signing the visitors’ register under a false name.
The post detailed how the officials demanded access to management staff and documents, interrogated staff, and raised fears of a raid and arrests, with the convoy leaving only after media outlets arrived on the scene.
On 5 May 2026, the High Court of the Federal Capital Territory in Abuja found SERAP liable for defamation in a lawsuit filed by two DSS officials, Sarah John and Gabriel Ogundele, under case number FCT/HC/CV/4547/24.
Justice Yusuf Halilu ordered SERAP to pay 100 million Nigerian naira (approximately 64,000 Euros) in damages to the officials, issue a public apology, pay litigation costs, and a ten per cent annual post-judgment interest on the damages until the full amount is paid.
In response, SERAP filed a Notice of Appeal and an application for a stay of execution on 8 May 2026, describing the ruling as “a travesty and a miscarriage of justice.”
In its appeal, filed by Senior Advocate Tayo Oyetibo, SERAP argues that the decision is legally defective and procedurally flawed, contending that the trial court relied on a defective witness statement that was not sworn before a Commissioner for Oaths, which ought to have been disregarded.
SERAP also maintains that the lower court did not have jurisdiction to entertain the suit, as the respondents had initially filed against a non-juristic person and later amended it, and argues that an action commenced against a non-juristic person is fundamentally defective and cannot be cured by amendment.
Furthermore, SERAP argues that the lower court failed to apply the objective test for identification in defamation law, relying instead on the subjective perceptions of the DSS officials rather than the understanding of ordinary members of the public.
The organisation points out that the publications did not mention the respondents by name, rank, photograph, or any unique identifier, and that the DSS itself, in a pre-action letter, acknowledged that the publications were about the institution, not the individuals.
SERAP also contends that the court erred by not upholding its defences of justification, qualified privilege, and fair comment, given that the publications were on a matter of public interest and the organisation provided evidence of the unannounced visit and conduct that caused apprehension among its staff.
The appeal further argues that the damages were awarded despite the respondents failing to prove any actual harm or reputational injury, and that the lower court’s decision is against the weight of evidence.
In its stay-of-execution application, SERAP states that enforcing the judgment would severely disrupt or entirely shut down its operations, preventing it from meeting financial obligations and halting its human rights interventions, to the serious detriment of the communities that depend on its work.
The Observatory has expressed deep concern that this judicial proceeding constitutes a Strategic Lawsuit Against Public Participation (SLAPP) aimed at intimidating and silencing SERAP, and potentially other human rights organisations and journalists in Nigeria, through the weaponisation of defamation laws.
The Observatory notes that the lawsuit and the office visit stem directly from SERAP’s online statement and post on X, and with approximately 129 million internet users in Nigeria, restrictions on online expression pose a significant threat to civil society’s work, which relies heavily on digital platforms for public engagement.
It further highlights that SERAP continues to face serious threats, including ongoing smear campaigns through protests and state-sponsored media outlets condemning its appeal and calling for compliance despite the stay application, as well as threatening messages to team members from individuals believed to be linked to state security services.
Some SERAP staff members have already expressed reluctance to return to work for fear of arbitrary arrest, harassment, or detention by the DSS.
The Observatory strongly condemns what it terms judicial harassment, fearing that the case may encourage the use of legal proceedings as a tool of retaliation against others engaged in legitimate public-interest work, undermining the ability of human rights defenders, journalists, and whistleblowers to carry out their activities without fear of intimidation or financial penalties.
The Observatory recalls that SERAP received the Wole Soyinka Anti-Corruption Defender Award in 2014 and has been nominated for several other international awards, and is a member of the UNCAC Coalition, a global network of civil society organisations committed to monitoring the UN Convention against Corruption.
It notes that the judicial harassment and sentencing undermine the freedoms of association and expression guaranteed under Sections 39 and 40 of the Constitution of Nigeria, Articles 9 and 10 of the African Charter on Human and Peoples’ Rights, and Articles 22 and 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Nigeria is a party.
The Observatory urges the Nigerian authorities to guarantee SERAP a fair, independent, and impartial appeal process, to put an end to all forms of harassment, and to effectively investigate the allegations of corruption and mismanagement SERAP raised concerning the NNPCL.
It requests that authorities be urged to guarantee the physical integrity and psychological well-being of SERAP staff and all human rights defenders, ensure they can carry out their activities without fear of reprisals or undue restrictions, and ensure strict respect for fundamental freedoms in line with international human rights law.
This urgent appeal was published as SERAP continues to pursue its appeal, and following previous reports by The Standard Gazette on the defamation judgment and warnings from civil society groups about the threat to judicial transparency.
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