Fifty-two civil society organisations across Nigeria have expressed concern over what they described as growing threats to judicial transparency, civic freedoms and constitutional democracy following a defamation judgment reportedly secured by officials of the Department of State Services (DSS) against the Socio-Economic Rights and Accountability Project (SERAP).
In a joint press statement issued on May 11, the groups said they were troubled by public discourse surrounding the judgment despite reports that neither the Certified True Copy (CTC) nor the full text of the court’s decision had been publicly released at the time reactions and commentaries began to emerge.
The organisations argued that the situation raised concerns about procedural fairness, institutional responsibility and adherence to due process.
According to the statement, the constitutional guarantee of fair hearing under Section 36(1) of the 1999 Constitution extends beyond courtroom proceedings and includes transparency, access to judicial decisions and the opportunity to exercise appellate rights.
The groups also cited Sections 39(1) and 22 of the Constitution, which guarantee freedom of expression and impose obligations on the media and civic actors to hold government accountable.
They further referenced Article 19 of the Universal Declaration of Human Rights and Article 9 of the African Charter on Human and Peoples’ Rights, noting that both instruments protect freedom of expression and access to information.
The organisations stated that the African Commission on Human and Peoples’ Rights had consistently maintained that restrictions on civic expression and public-interest advocacy must satisfy tests of legality, necessity and proportionality in a democratic society.
The coalition expressed concern over the alleged delay in releasing the Certified True Copy of the judgment, warning that litigants could be hindered from evaluating their legal position or pursuing appellate review without access to the decision.
They noted that the Supreme Court had repeatedly affirmed that justice must not only be done but must also be seen to be done, describing fair hearing as the bedrock of constitutional adjudication in Nigeria.
The groups warned that delays in making judgments or Certified True Copies available in matters of constitutional and public importance could undermine the right to fair hearing and appeal, transparency in judicial administration, public confidence in the courts, responsible civic engagement and trust in democratic institutions.
They also cautioned against what they described as the increasing use of defamation litigation, coercive legal measures and institutional intimidation against anti-corruption advocates and civic organisations.
According to the statement, democratic societies depend on the ability of civil society groups to scrutinise public institutions and engage in public-interest advocacy without fear of retaliation.
The coalition stressed that the constitutional right of appeal remained an integral part of the justice system and argued that seeking appellate review should not be interpreted as contempt for the judiciary or disobedience to the rule of law.
The organisations called for the immediate release of the Certified True Copy of the judgment to enable informed legal and public engagement.
They also demanded respect for constitutional and international human rights protections relating to fair hearing, freedom of expression and access to justice.
Other demands included greater institutional restraint in public commentary on judicial matters where court records were unavailable, protection of civic space from intimidation or misuse of legal processes and continued commitment by Nigerian institutions to constitutionalism, democratic accountability and human rights norms.
The statement was jointly signed by 52 organisations, including ActionAid Nigeria, Amnesty International Nigeria, BudgIT Foundation, Centre for Democracy and Development, Media Rights Agenda, Yiaga Africa and Transition Monitoring Group, among others.
