By Nkechi Eze
A coalition of over 50 Nigerian civil society organisations, human rights advocates, and public interest groups has expressed deep concern over recent developments surrounding the defamation judgment reportedly secured by officials of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project, warning that the situation poses serious implications for judicial transparency, civic freedoms, and constitutional democracy in Nigeria.
In a joint press statement dated May 11, 2026, the organisations said they were troubled by widespread public discourse and reactions 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 discussions emerged.
The groups argued that such circumstances raise critical concerns about procedural fairness, institutional responsibility, and adherence to due process, which they described as essential pillars of constitutional democracy.
According to the coalition, Section 36(1) of the Constitution of the Federal Republic of Nigeria guarantees every citizen the right to fair hearing before an independent and impartial court, adding that the constitutional protection extends beyond courtroom proceedings to include transparency, access to judicial decisions, and the practical opportunity to exercise appellate rights.
The statement further cited Section 39(1) of the Constitution, which guarantees freedom of expression and the right to receive and disseminate information without interference, as well as Section 22, which places a democratic responsibility on the media and civic actors to hold government accountable.
Referencing international legal instruments, the coalition noted that Article 19 of the Universal Declaration of Human Rights and Article 9 of the African Charter on Human and Peoples’ Rights both protect freedom of expression, access to information, and the dissemination of opinions within the law.
The organisations also stressed that the African Charter, having been domesticated in Nigeria, remains enforceable under Nigerian law and continues to reinforce protections for civic participation, access to justice, and public-interest advocacy.
Expressing concern over the reported delay in releasing the Certified True Copy of the judgment, the coalition stated that timely access to judicial decisions is central to the administration of justice and indispensable for litigants seeking informed appellate review.
The statement noted that without access to the judgment, parties may be unable to properly evaluate their legal position or respond responsibly in the public domain.
The coalition further recalled repeated pronouncements by the Supreme Court of Nigeria affirming that justice must not only be done but must also be seen to be done, stressing that fair hearing remains the bedrock of constitutional adjudication and democratic legitimacy.
The organisations warned that delays in making judgments or Certified True Copies available in matters of major constitutional and public significance risk undermining the right to fair hearing and appeal, transparency in judicial administration, public confidence in the judiciary, responsible civic engagement, and broader trust in democratic institutions.
The groups also cautioned against what they described as the increasing use of defamation litigation, coercive legal measures, and institutional intimidation in situations involving anti-corruption advocacy, accountability campaigns, and civic engagement.
According to the coalition, democratic societies depend on the ability of civil society organisations to question authority, scrutinise public institutions, and pursue robust public-interest advocacy without fear of disproportionate retaliation.
The statement maintained that the constitutional right of appeal remains an integral component of Nigeria’s justice system, adding that seeking appellate review cannot reasonably be interpreted as contempt for the judiciary or disobedience to the rule of law.
The coalition therefore called for the immediate release of the Certified True Copy of the judgment to ensure transparency and enable informed legal and public engagement.
The groups also demanded respect for constitutional and international human rights protections relating to fair hearing, freedom of expression, and access to justice, while urging greater institutional restraint in public commentary on judicial matters where underlying records are not publicly accessible.
Additionally, the organisations called for stronger protection of civic space and public-interest advocacy against intimidation, harassment, or misuse of legal processes, while reaffirming the need for continued commitment by Nigerian institutions to constitutionalism, democratic accountability, and human rights norms under both domestic and international law.
The statement concluded that 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.
Among the signatories to the statement were ActionAid Nigeria, Amnesty International Nigeria, BudgIT Foundation, Centre for Democracy and Development, Civil Society Legislative Advocacy Centre, Media Rights Agenda, Partners West Africa Nigeria, Transition Monitoring Group, Yiaga Africa, and Zero Corruption Coalition, alongside several other civic and human rights organisations across the country.
