SERAP Challenges N5 Billion Defamation Suit, Urges Court to Dismiss DSS Officials' Claims
Civil society organization argues that Department of State Services officials have failed to provide evidence supporting their massive defamation claim, as legal battle over accountability and free speech continues in Abuja court.
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The Socio-Economic Rights and Accountability Project has mounted a vigorous legal defence against a N5 billion defamation lawsuit filed by officials of the Department of State Services, telling the Federal Capital Territory High Court in Maitama, Abuja, that the security operatives have produced no credible evidence to substantiate their claims.
The Thursday court session marked a significant escalation in a legal confrontation that has drawn attention to tensions between civil society watchdogs and Nigeria's intelligence apparatus. SERAP's legal team challenged the foundation of the lawsuit, arguing that the DSS officials have failed to meet the basic evidentiary threshold required in defamation cases under Nigerian law.
According to Vanguard News, SERAP presented its case before Justice [name withheld pending full court record] on February 19, 2026, formally requesting dismissal of the suit on grounds of insufficient evidence. The organization's position centres on the principle that defamation claims must be supported by concrete proof of false statements that caused reputational damage.
Background of the Legal Dispute
The lawsuit stems from SERAP's ongoing advocacy work monitoring government agencies and security services. The Lagos-based organization has built a reputation over more than two decades for filing freedom of information requests and legal challenges against public institutions it believes are operating without adequate transparency or accountability.
The N5 billion claim represents one of the largest defamation suits filed against a civil society organization in Nigeria's recent history. Legal experts note that such substantial claims can have a chilling effect on advocacy organizations, potentially deterring them from fulfilling their watchdog functions even when their activities fall within protected speech.
Nigerian defamation law requires plaintiffs to demonstrate three core elements: that a statement was made and published, that it specifically identified the claimant, and that it was defamatory in nature. Additionally, plaintiffs must show that the statement caused or was likely to cause serious harm to their reputation. SERAP's defence appears to challenge whether the DSS officials have adequately established these foundational requirements.
Implications for Press Freedom and Accountability
The case arrives amid broader concerns about civic space and freedom of expression in Nigeria. International observers, including Amnesty International and the Committee to Protect Journalists, have documented increasing legal pressure on journalists, activists, and civil society organizations critical of government operations.
SERAP has been particularly active in challenging what it characterizes as opacity in security sector operations. The organization has previously filed suits seeking disclosure of security budgets, questioning procurement processes, and demanding accountability for alleged human rights violations by law enforcement agencies.
The legal battle also raises questions about the appropriate balance between protecting individual reputations and preserving space for legitimate public interest advocacy. Nigerian constitutional law provides robust protections for freedom of expression under Section 39, though these rights are not absolute and must be weighed against other legitimate interests including reputation.
Legal Precedents and Potential Outcomes
Nigerian courts have established precedents requiring defamation plaintiffs to provide clear and convincing evidence. In several landmark cases, including suits involving public officials, courts have dismissed claims where plaintiffs failed to substantiate allegations of reputational harm or where statements fell within the bounds of fair comment on matters of public interest.
SERAP's defence strategy appears to invoke these precedents while also potentially raising truth as a defence—a complete bar to defamation claims under Nigerian law if the defendant can prove the substantial truth of the allegedly defamatory statements.
The court has not yet indicated when it will rule on SERAP's dismissal motion. Legal proceedings in Nigeria's federal court system can extend over months or years, particularly in cases involving complex evidentiary questions or constitutional issues.
Should the court dismiss the case, it could strengthen protections for civil society organizations engaged in accountability work. Conversely, if the suit proceeds to full trial, it may signal a more restrictive interpretation of permissible criticism of security agencies, with potential ramifications for investigative journalism and advocacy throughout Nigeria.
The outcome will be closely watched by media freedom advocates, legal practitioners, and civil society organizations across West Africa, where several countries have witnessed similar legal challenges against watchdog groups in recent years.