Defamation: CSOs reacts to DSS/SERAP Judgment, demand immediate release of CTC
A coalition of over 50 Nigerian civil society organisations, human rights groups, and public interest advocates has raised concern over recent developments surrounding the reported defamation judgment secured by officials of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP).
The groups gave the reaction in a joint statement dated May 11, 2026, warning that the controversy surrounding the judgment raises broader concerns about judicial transparency, civic freedom, constitutional democracy, and access to justice in Nigeria.
They expressed worry over what they described as the growing public discourse on the judgment despite reports that neither the certified true copy (CTC) nor the full text of the ruling had been publicly released at the time reactions and commentaries began circulating.
According to the statement, the situation raises “important concerns regarding procedural fairness, institutional responsibility, and adherence to the principles of due process that underpin constitutional democracy.”
The organisations cited Section 36(1) of the 1999 constitution, which guarantees the right to fair hearing before an independent and impartial court, arguing that the constitutional safeguard extends beyond courtroom proceedings to include transparency, access to judicial decisions, and the ability to exercise appellate rights effectively.
They also referenced Sections 39(1) and 22 of the constitution, which guarantee freedom of expression and place a democratic obligation on the media and civic actors to hold government accountable.
The coalition further relied on international human rights instruments, including Article 19 of the Universal Declaration of Human Rights and Article 9 of the African Charter on Human and Peoples’ Rights, both of which protect freedom of expression and access to information.
According to the statement, the African Commission on Human and Peoples’ Rights has consistently maintained that restrictions on civic expression and public-interest advocacy must meet “strict tests of legality, necessity, and proportionality in a democratic society.”
“Further, Article 9 of the African Charter on Human and Peoples’ Rights — domesticated in Nigerian law through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act — guarantees every individual the right to receive information and to express and disseminate opinions within the law.
“The African Commission on Human and Peoples’ Rights has repeatedly affirmed that restrictions on civic expression and public interest advocacy must satisfy strict tests of legality, necessity, and proportionality in a democratic society.
“We are equally concerned by the apparent delay in the release of the Certified True Copy of the judgment. Timely access to judgments is central to the administration of justice.
“Without access to the judgment, litigants may be unable to properly evaluate their legal position, pursue informed appellate review, or respond responsibly in the public domain.
“The Supreme Court of Nigeria has repeatedly affirmed that justice must not only be done, but must also be seen to be done, and that fair hearing constitutes the bedrock of constitutional adjudication in Nigeria.
“These principles remain central to the legitimacy of judicial authority and the protection of democratic governance.”
According to them, “In addition, Nigerian courts have consistently recognised the African Charter on Human and Peoples’ Rights as an enforceable part of domestic law, reinforcing protections for freedom of expression, civic participation, and access to justice.
“We respectfully submit that delays in making judgments or Certified True Copies available in matters of significant constitutional and public importance risk undermining: the right to fair hearing and appeal; transparency in judicial administration; public confidence in the courts; responsible civic engagement; and broader trust in democratic institutions.
“We also urge caution against the increasing use of defamation litigation, coercive legal measures, and institutional intimidation in contexts involving anti-corruption advocacy, public accountability work, and civic engagement.
“Democratic societies depend on the ability of civil society organisations to question authority, scrutinise public institutions, and engage in robust public-interest advocacy without fear of disproportionate retaliation.
“The constitutional right of appeal remains an integral part of the justice system. Seeking appellate review of a judgment cannot reasonably be construed as contempt for the judiciary or disobedience to the rule of law.
“To suggest otherwise risks weakening constitutional safeguards and discouraging legitimate legal recourse.
Meanwhile, some of their demand include” “The immediate release of the Certified True Copy of the judgment to ensure transparency and enable informed legal and public engagement; Respect for constitutional and international human rights protections guaranteeing fair hearing, freedom of expression, and access to justice; Greater institutional restraint and responsibility in public commentary on judicial matters where the underlying records are not publicly available.
“Protection of civic space and public-interest advocacy from intimidation, harassment, or misuse of legal processes; and continued commitment by Nigerian institutions to constitutionalism, democratic accountability, and human rights norms under both domestic and international law.
“Nigeria’s democracy depends not only on elections and institutions, but also on the preservation of civic freedom, judicial integrity, procedural fairness, and the rule of law.
“At moments such as this, constitutional democracy demands caution, transparency, solidarity, and principled fidelity to justice,” they concluded.
The signatories included 21st Century Community Empowerment for Youth Initiative, ActionAid Nigeria, Accountability Lab Nigeria, Africa Network for Environment and Economic Justice, African Centre for Leadership, Strategy & Development, African Centre for Media & Information Literacy, Africa Law Foundation, Alliance on Surviving COVID-19 and Beyond, Amnesty International Nigeria, Borno Coalition for Democracy and Progress, BudgIT Foundation, Centre for Democracy and Development and Centre for Democratic Research and Training.
Others were Centre for Change, Centre for Information Technology and Development, Centre for Journalism Innovation and Development, Centre for Transparency Advocacy, Centre for Social Justice, Civil Society Legislative Advocacy Centre, Conscience for Human Rights and Conflict Resolution, Corporate Accountability and Public Participation Africa, Emma Ezeazu Centre for Good Governance and Accountability, #FixPolitics, Girl Child Concern, Global Rights and Good Governance Team.
The list also included Health of Mother Earth Foundation, Human and Environmental Development Agenda, International Press Centre Lagos, Koyenum Immalah Foundation, Media Rights Agenda, Mothers and Marginalized Advocacy Centre, National Association of Democratic Lawyer, Organization for Community Civic Engagement, Partners West Africa Nigeria, Peering Advocacy and Advancement Center in Africa, Public Interest Lawyers’ League, Resource Centre for Human Rights and Civic Education and Rule of Law and Accountability Advocacy Centre.
Also among the signatories were Say No Campaign Nigeria, Splendors of Dawn Poetry Foundation, Social Action, Socio-Economic Rights and Accountability Project, Socio-Economic Research and Development Centre, State of the Union, Tax Justice and Governance Platform, Transition Monitoring Group, Women Advocate Research & Documentation Centre, Women in Media Communication Initiative, Yiaga Africa, Zero Corruption Coalition and TSR – The Statecraft Report.
