PRESS STATEMENT BY NIGERIAN CIVIL SOCIETY ORGANISATIONS ON JUDICIAL TRANSPARENCY, CIVIC FREEDOM, AND THE DSS/SERAP JUDGMENT
We, the undersigned civil society organisations, human rights advocates, constitutional reform actors, and public interest stakeholders, express grave concern over recent developments surrounding the defamation judgment reportedly obtained by officials of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP), and the wider implications for civic freedoms, judicial transparency, and constitutional democracy in Nigeria.
We are concerned by the growing public discourse surrounding the judgment despite reports that neither the Certified True Copy (CTC) nor the full text of the judgment had been publicly released at the time many reactions and commentaries emerged. Such circumstances raise important concerns regarding procedural fairness, institutional responsibility, and adherence to the principles of due process that underpin constitutional democracy.
Under Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), every person is entitled to a fair hearing within a reasonable time by a court or tribunal constituted in such manner as to secure its independence and impartiality. The constitutional guarantee of fair hearing extends beyond courtroom proceedings and necessarily encompasses transparency, access to judicial decisions, and a meaningful opportunity to exercise appellate rights.
Similarly, Section 39(1) of the Constitution guarantees freedom of expression, including the freedom to receive and impart information and ideas without interference, while Section 22 imposes a democratic obligation on the media and civic actors to hold government accountable to the people.
At the international level, Article 19 of the Universal Declaration of Human Rights (UDHR) guarantees the right to freedom of opinion and expression, including the freedom “to seek, receive and impart information and ideas through any media and regardless of frontiers.”
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.
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.
We therefore call for:
1. The immediate release of the Certified True Copy of the judgment to ensure transparency and enable informed legal and public engagement;
2. Respect for constitutional and international human rights protections guaranteeing fair hearing, freedom of expression, and access to justice;
3. Greater institutional restraint and responsibility in public commentary on judicial matters where the underlying records are not publicly available;
4. Protection of civic space and public-interest advocacy from intimidation, harassment, or misuse of legal processes; and
5. 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.
Dated this 11th day of May, 2026.
Signed:
1. 21st Century Community Empowerment for Youth Initiative
2. ActionAid Nigeria
3. Accountability Lab Nigeria
4. Africa Network for Environment and Economic Justice (ANEEJ)
5. African Centre for Leadership, Strategy & Development (Centre LSD)
6. African Centre for Media & Information Literacy (AFRICMIL)
7. Africa Law Foundation
8. Alliance on Surviving COVID-19 and Beyond (AACAB)
9. Amnesty International Nigeria
10. Borno Coalition for Democracy and Progress (BOCODEP)
11. BudgIT Foundation
12. Centre for Democracy and Development (CDD)
13. Centre for Democratic Research and Training (CRDDERT)
14. Centre for Change
15. Centre for Information Technology and Development (CITAD)
16. Centre for Journalism Innovation and Development (CJID)
17. Centre for Transparency Advocacy
18. Centre for Social Justice
19. Civil Society Legislative Advocacy Centre (CISLAC)
20. Conscience for Human Rights and Conflict Resolution (CHRCR)
21. Corporate Accountability and Public Participation Africa (CAPPA)
22. Emma Ezeazu Centre for Good Governance and Accountability
23. #FixPolitics
24. Girl Child Concern (GCC)
25. Global Rights
26. Good Governance Team
27. Health of Mother Earth Foundation (HOMEF)
28. Human and Environmental Development Agenda (HEDA Resource Centre)
29. International Press Centre (IPC), Lagos
30. Koyenum Immalah Foundation
31. Media Rights Agenda
32. Mothers and Marginalized Advocacy Centre (MAMA Centre)
33.National Association of Democratic Lawyer
34. Organization for Community Civic Engagement (OCCEN)
35. Partners West Africa Nigeria
36. Peering Advocacy and Advancement Center in Africa (PAACA)
37.Public Interest Lawyers’ League
38. Resource Centre for Human Rights and Civic Education (CHRICED)
39. RULAAC – Rule of Law and Accountability Advocacy Centre
40. Say No Campaign Nigeria
41. Splendors of Dawn Poetry Foundation
42. Social Action
43. Socio-Economic Rights and Accountability Project (SERAP)
44. Socio-Economic Research and Development Centre (SERDEC)
45. State of the Union (SOTU)
46. Tax Justice and Governance Platform
47. Transition Monitoring Group (TMG)
48. Women Advocate Research & Documentation Centre
49. Women in Media Communication Initiative (WIM)
50. Yiaga Africa
51. Zero Corruption Coalition (ZCC)
52. TSR – The Statecraft Report
Head of Transparency International (Nigeria)
Amnesty International (Nigeria)Trustee Chairman and standing Representative.
Chairman, Transition Monitoring Group(TMG)
Website: www.cislacnigeria.net
SKYPE: rafsanjanikano
Global Office:
Jay Suites, 1441 Broadway, 5th Floor, New York NY10018, USA. phone: +1202651142
CISLAC HAS UN ECOSOC CONSULTATIVE STATUS
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