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, 2026, by senior advocate Tayo Oyetibo, alongside an application seeking a stay of execution pending the determination of the appeal.
According to SERAP, the notice of appeal will be amended once it obtains the Certified True Copy of the judgment to include “critical portions of the ruling that further expose its flawed nature.”
It added that both the appeal and the application for stay of execution provide “adequate legal protection” pending further proceedings.
Justice Halilu had ordered SERAP to pay ₦100 million in damages to DSS officials Sarah John and Gabriel Ogundele over posts published 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. In addition, the organisation was ordered to pay ₦1 million in litigation costs and 10 per cent annual post-judgment interest until the judgment sum is fully settled.
In its appeal, SERAP argued that the ruling 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 contended that the trial court relied on 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 argued.
The organisation also challenged the court’s finding on defamation, insisting that the publications did not specifically identify the DSS officials involved.
“The publications complained of did not mention the Respondents by name, rank, photograph, or any unique identifier,” the appeal stated.
SERAP maintained that the lower court improperly relied on the subjective interpretation of DSS personnel instead of applying the objective legal standard required in defamation cases.
It also argued that the court failed to adequately consider 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 appeared intrusive and intimidating,” the organisation said.
SERAP further claimed that the DSS officials failed to establish any actual reputational or financial damage resulting from the publication.
“The Respondents did not adduce evidence of any suspension, investigation, disciplinary proceedings, or professional setback allegedly caused by the publications,” it stated.
In its application for stay of execution, SERAP warned that enforcing the judgment could cripple its operations and undermine its ongoing human rights and accountability 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,” the organisation stated.
It added that thousands of individuals and communities rely on its advocacy, investigations, and legal interventions, including victims of human rights violations.
SERAP also argued that immediate enforcement of the judgment would impair 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 stemmed from 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 DSS officials initially sought ₦5 billion in damages, the court awarded ₦100 million, describing the amount as “a paltry sum.”
