The Socio-Economic Rights and Accountability Project (SERAP) has appealed the N100 million defamation judgment delivered against it by the High Court of the Federal Capital Territory, Abuja, in favour of officials of the Department of State Services (DSS).
SERAP also filed an application seeking a stay of execution of the judgment pending the determination of the appeal.
According to a statement issued Tuesday by SERAP Deputy Director, Kolawole Oluwadare, the appeal was filed on Friday by senior lawyer Tayo Oyetibo, SAN, challenging the May 5, 2026, ruling delivered by Justice Yusuf Halilu.
The court had awarded N100 million in damages to DSS officials Sarah John and Gabriel Ogundele over alleged defamation. It also ordered SERAP to publish public apologies, pay N1 million litigation costs, and a 10 per cent annual post-judgment interest on the damages until fully paid.
SERAP described the judgment as “a travesty and miscarriage of justice,” insisting that the ruling was legally and procedurally defective.
The organisation said its notice of appeal would be amended after obtaining the Certified True Copy of the judgment to include additional portions highlighting what it described as flaws in the ruling.
In the appeal, SERAP argued that the trial court relied on defective evidence, including a witness statement allegedly not sworn before a Commissioner for Oaths.
It also argued that the lower court wrongly concluded that the alleged defamatory statements specifically referred to the DSS officials, contrary to legal principles established by the Supreme Court in previous defamation cases.
According to SERAP, the court relied on the subjective interpretation of the DSS officials and their colleagues rather than the objective legal test required in defamation matters.
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The organisation further maintained that the trial court failed to uphold its defences of justification, qualified privilege and fair comment, insisting that the publications were substantially true and made in the public interest.
SERAP argued that the DSS officials failed to prove reputational damage, financial loss or any actual harm resulting from the publications.
“The DSS is a large institution, and the words complained of did not specifically, directly, or uniquely identify the Respondents,” the organisation stated.
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SERAP also argued that the DSS officials lacked the legal standing to institute the suit and that the court lacked jurisdiction to entertain the matter.
The organisation is asking the Court of Appeal to set aside the judgment and dismiss the suit for lacking merit.
In its application for stay of execution, SERAP warned that enforcing the judgment could severely disrupt its operations and affect ongoing human rights, transparency and accountability programmes across Nigeria.
The organisation said thousands of individuals and communities depend on its advocacy, investigations and legal interventions, adding that enforcement of the judgment could hinder its ability to effectively finance and pursue the appeal process.
SERAP added that the case raises wider concerns about civic space, the protection of public interest advocacy and the ability of civil society organisations to operate without undue interference.
Esther Ososanya is an investigative journalist with Pinnacle Daily, reporting across health, business, environment, metro, Fct and crime. Known for her bold, empathetic storytelling, she uncovers hidden truths, challenges broken systems, and gives voice to overlooked Nigerians. Her work drives national conversations and demands accountability one powerful story at a time.