CSOs Warn Against Intimidation of Civic Groups Over DSS-SERAP Defamation Case

Sunday Ehigiator 

A coalition of 52 civil society organisations, human rights advocates and public interest groups has warned against what it described as growing intimidation of civic organisations following the defamation judgement reportedly obtained by officials of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project.

In a joint statement yesterday, the group listed implications of the case for civic freedoms, judicial transparency and constitutional democracy in Nigeria.

The coalition said it was troubled by “the growing public discourse surrounding the judgement despite reports that neither the Certified True Copy (CTC) nor the full text of the judgement had been publicly released at the time many reactions and commentaries emerged.”

According to the statement, such developments raise “important concerns regarding procedural fairness, institutional responsibility, and adherence to the principles of due process that underpin constitutional democracy.”

The organisations stressed that timely access to court judgements was essential to the administration of justice, noting that litigants require access to judgements to properly evaluate their legal position and pursue appellate review.

“We are equally concerned by the apparent delay in the release of the Certified True Copy of the judgement. Timely access to judgments is central to the administration of justice,” the statement read.

It added, “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.”

Citing Section 36(1) of the 1999 Constitution, the coalition maintained that every person is entitled to fair hearing before an independent and impartial court, adding that the constitutional guarantee extends beyond courtroom proceedings to include transparency and access to judicial decisions.

The groups also referenced Sections 39(1) and 22 of the Constitution, as well as Article 19 of the Universal Declaration of Human Rights and Article 9 of the African Charter on Human and Peoples’ Rights, which they said protect freedom of expression and access to information.

The coalition warned against the increasing use of defamation litigation and coercive legal measures in matters involving anti-corruption advocacy and civic engagement.

“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,” the statement noted.

The organisations added that democratic societies rely on the ability of civil society groups to hold institutions accountable without fear of retaliation.

“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 statement added.

The coalition further argued that the constitutional right of appeal must not be interpreted as disobedience to the rule of law.

“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,” the groups stated.

Among the demands made by the coalition were the immediate release of the Certified True Copy of the judgment, greater institutional restraint in public commentary on judicial matters where records are not publicly available, and stronger protection for civic space and public-interest advocacy.

The statement was jointly signed by several organisations, including ActionAid Nigeria, Amnesty International Nigeria, BudgIT Foundation, Centre for Democracy and Development, Civil Society Legislative Advocacy Centre, Media Rights Agenda, Yiaga Africa and Transition Monitoring Group, among others.