The Institute for Human Rights and Development in Africa (IHRDA) has expressed concern over the N100 million defamation judgment awarded against the Socio-Economic Rights and Accountability Project (SERAP), warning that the ruling could have a chilling effect on civic space and public-interest advocacy in Nigeria.
In a statement issued on June 24, the pan-African human rights organisation said the judgment, delivered by the High Court of the Federal Capital Territory, Abuja, on May 5, 2026, raises broader concerns about freedom of expression and the protection of civil society organisations.
The court had awarded N100 million in damages and N1 million in legal costs against SERAP in a civil defamation suit instituted by two officials of the Department of State Services (DSS).
The case stemmed from a statement issued by SERAP on September 9, 2024, in which the organisation alleged that DSS officials invaded its Abuja office in an act it described as intimidation and harassment.
The DSS subsequently denied the allegation, describing SERAP’s account as inaccurate and misleading before the two officials filed a N5 billion defamation suit against the organisation. SERAP has since appealed the judgment.
While acknowledging that individuals and institutions have a legitimate right to protect their reputation, IHRDA cautioned that legal actions capable of discouraging civil society organisations from carrying out public-interest work could undermine democratic accountability.
It partly reads, “While IHRDA recognises the legitimate interest of individuals and institutions in protecting their reputation and acknowledges the important role that defamation laws may play in this regard, we are concerned about the broader human rights implications of judgments that may have the effect of discouraging or inhibiting the work of civil society organisations engaged in public-interest advocacy and accountability efforts.
“This is more so in the context of a well-documented pattern of intimidation of NGOs and human rights defenders by the DSS in Nigeria. Viewed against this broader context, the proceedings bear several characteristics commonly associated with Strategic Lawsuits Against Public Participation (SLAPPs)—legal actions that seek to discourage scrutiny, criticism, or participation in matters of public interest through the threat of costly litigation. Courts of law are duty-bound to identify SLAPPs and understand their underlying motive and censoring impact on public interest and human rights work, especially by known bona fide public interest and accountability actors.”
It urged courts to recognise such cases and consider their potential impact on freedom of expression and human rights advocacy.
The organisation further noted that the judgment comes amid growing concerns over shrinking civic space across Africa, where civil society groups, journalists, anti-corruption campaigners and human rights defenders increasingly face legal and administrative pressure in the course of their work.
IHRDA stressed that freedom of expression is protected under Article 9 of the African Charter on Human and Peoples’ Rights and other international human rights instruments to which Nigeria is a signatory.
It also referenced standards developed by the African Commission on Human and Peoples’ Rights (ACHPR), which call on member states to ensure defamation laws protect legitimate expression, permit constructive criticism of public officials and avoid disproportionate sanctions capable of discouraging accountability efforts.
As SERAP’s appeal progresses, IHRDA urged the courts to strike a balance between protecting reputations and safeguarding freedom of expression, civic participation and public-interest advocacy.
The organisation said it would continue to monitor the case and support efforts aimed at protecting civic space and ensuring that legal frameworks across Africa are implemented in line with regional and international human rights standards.
