The Institute for Human Rights and Development in Africa (IHRDA) has expressed concern over the SERAP defamation judgment delivered by the High Court of the Federal Capital Territory, Abuja, warning that the ruling could have wider implications for freedom of expression and civil society advocacy in Nigeria.
The organisation called on the judiciary to ensure that the ongoing appeal carefully balances the protection of individual reputation with constitutional rights to public participation and accountability.
The case stems from a judgment delivered on May 5, 2026, in which the Federal Capital Territory High Court awarded ₦100 million in damages and ₦1 million in legal costs against the Socio-Economic Rights and Accountability Project (SERAP) in a civil defamation suit filed by two officials of the Department of State Services (DSS).
The lawsuit followed a statement issued by SERAP on September 9, 2024, alleging that two DSS officials invaded its Abuja office in what the organisation described as intimidation and harassment. A day later, the DSS rejected the allegation, describing SERAP’s account as inaccurate and misleading. The two officials subsequently instituted a defamation suit seeking ₦5 billion in damages for alleged injury to their reputation. SERAP has since appealed the judgment.
In a statement, IHRDA acknowledged that individuals and institutions have a legitimate interest in protecting their reputation and recognised the role of defamation laws in achieving that objective. However, the organisation said the SERAP defamation judgment raises broader concerns because of its potential impact on civil society organisations engaged in public-interest advocacy.
According to IHRDA, the proceedings display characteristics commonly associated with Strategic Lawsuits Against Public Participation (SLAPPs), legal actions that may discourage criticism, scrutiny and civic engagement through the threat of expensive litigation. The organisation argued that courts have a responsibility to recognise such cases and assess whether they could discourage legitimate accountability efforts by public-interest organisations.
IHRDA stated that the case comes at a time when civic space is facing increasing pressure across Africa. It noted that civil society organisations, journalists, human rights defenders and anti-corruption advocates have increasingly encountered legal and administrative challenges linked to their work.
The institute warned that legal measures capable of discouraging legitimate criticism of public institutions could undermine transparency, accountability and democratic participation. It also referenced Article 9 of the African Charter on Human and Peoples’ Rights, which guarantees freedom of expression, alongside other international and regional human rights instruments to which Nigeria is a party.
IHRDA further cited standards developed by the African Commission on Human and Peoples’ Rights, which encourage states to ensure that defamation laws protect legitimate expression, permit constructive criticism of public officials and avoid sanctions that could suppress public-interest advocacy.
As the appeal continues, IHRDA urged Nigerian courts to carefully weigh the competing interests of protecting reputation and safeguarding freedom of expression. The organisation maintained that public-interest actors should be able to question the conduct of public institutions and contribute to democratic accountability without facing disproportionate legal consequences.
It added that it would continue monitoring developments in the SERAP defamation judgment appeal while supporting efforts to protect civic space and ensure that legal frameworks across Africa remain consistent with regional and international human rights standards.
The appeal in the SERAP case is expected to test the balance between protecting individual reputations and preserving the rights of civil society organisations to engage in public-interest advocacy. Human rights observers say the outcome could have significant implications for freedom of expression and civic participation in Nigeria and across the region.
