By Odita Sunday
The Human Rights Writers Association of Nigeria (HURIWA) has strongly condemned the judgement delivered against the Socio-Economic Rights and Accountability Project (SERAP) by a Federal High Court in Abuja, describing the ruling as unconstitutional, anti-democratic, and a threat to freedom of expression in Nigeria.
The rights group alleged that the judgement, which awarded N100 million damages against SERAP in favour of two operatives of the Department of State Services (DSS), represents a dangerous trend capable of weakening civic freedom and silencing civil society organisations.
In a statement signed by its National Coordinator, Comrade Emmanuel Onwubiko, on Sunday, HURIWA accused the judiciary of allegedly enabling official intolerance and suppressing legitimate criticism of state institutions.
The group questioned the legal basis of the judgement and raised concerns over what it described as the increasing use of judicial processes to intimidate accountability organisations.
“HURIWA said the judgement gives the frightening impression that the judiciary is increasingly being manipulated to legitimise official intolerance, shield powerful state actors from public scrutiny and criminalise civic advocacy,” the statement read.
The organisation argued that SERAP merely exercised its constitutional right by drawing public attention to what it perceived as intimidation following its criticism of alleged corruption in the Nigerian National Petroleum Company Limited (NNPCL) and opposition to certain economic policies.
HURIWA also questioned the legal standing of the DSS in the matter and criticised what it described as the court’s failure to address fundamental jurisdictional issues raised during the proceedings.
“It is shocking that a court of law failed to interrogate the fundamental issue of whether the DSS is even a juridical personality recognised by law,” the group stated.
The rights organisation further raised concerns over the circumstances surrounding the visit of DSS operatives to SERAP’s office, insisting that no responsible civic organisation confronted with such an atmosphere would remain silent.
According to HURIWA, the judgement sends a dangerous signal that citizens and civil society groups could now face legal consequences simply for publicly disclosing encounters with security agencies.
The group also demanded transparency regarding the funding and prosecution of the suit, questioning whether public resources were used in what was presented as a private legal action.
HURIWA faulted the court order directing SERAP to publish public apologies and pay litigation costs, describing the judgement as excessive and vindictive.
The organisation compared the ruling to judicial actions witnessed during the era of military dictatorship under late General Sani Abacha.
“What happened in this case is reminiscent of the substandard and politically convenient judgements associated with the darkest era of authoritarian rule in Nigeria,” the statement added.
HURIWA called on the Nigerian Bar Association, civil society organisations, labour unions, media practitioners, and pro-democracy groups to support SERAP as it heads to the Court of Appeal.
The group expressed confidence that the appellate court would overturn what it described as a constitutionally defective judgement.
