The Socio-Economic Rights and Accountability Project has appealed the N100 million defamation judgment awarded against it by the High Court of the Federal Capital Territory in Abuja in favour of officials of the Department of State Services.
In a statement issued Tuesday by SERAP Deputy Director, Kolawole Oluwadare, the organisation said it had also filed an application seeking a stay of execution pending the outcome of the appeal.
The appeal, filed by senior lawyer Tayo Oyetibo, challenged the May 5 judgment delivered by Justice Yusuf Halilu, which awarded N100 million damages to DSS officials Sarah John and Gabriel Ogundele over alleged defamation.
The court had additionally ordered SERAP to publish public apologies, pay N1 million as litigation costs and pay a 10 per cent annual post-judgment interest on the damages until full payment.
SERAP described the judgment as “a travesty and miscarriage of justice,” arguing that both the legal reasoning and procedure adopted by the trial court were flawed.
According to the organisation, the appeal would be amended after obtaining the Certified True Copy of the judgment to include further details on what it termed defects in the ruling.
SERAP argued that the lower court relied on defective evidence, including a witness statement it claimed was not sworn before a Commissioner for Oaths.
“The lower court erred in law in holding that the words complained of were published of and concerning the Claimants personally,” the appeal stated.
The organisation maintained that the court failed to apply the legal principle that defamatory statements must clearly identify an individual claimant rather than a broad institution or group.
SERAP further argued that the DSS officials did not prove reputational damage, financial loss or actual harm arising from the publication in dispute.
“The DSS is a large institution, and the words complained of did not specifically, directly, or uniquely identify the Respondents,” the organisation said.
It also contended that the DSS officials lacked the legal standing to sue on behalf of the institution and argued that the trial court had no jurisdiction to entertain the matter.
SERAP is asking the Court of Appeal to set aside the entire judgment and dismiss the suit for lacking merit.
In its application for stay of execution, the organisation warned that immediate enforcement of the judgment could cripple its operations and affect ongoing human rights, transparency and accountability programmes across Nigeria.
The group added that paying the damages before the appeal is heard could hinder its ability to effectively pursue the case at the appellate court.
“Thousands of individuals and communities depend on SERAP’s work, including victims of human rights violations and beneficiaries of its advocacy, investigations and legal interventions,” the statement added.
SERAP said the case raised broader concerns about civic space, freedom of advocacy and the ability of civil society organisations to operate independently in Nigeria.
