The Socio-Economic Rights and Accountability Project (SERAP) has filed an appeal at the Court of Appeal seeking a stay of execution of a Federal High Court judgment that awarded N100 million in damages over an alleged defamation case involving officials of the Department of State Services (DSS), pending the determination of its appeal.
The dispute originated from a defamation suit filed by DSS officials against SERAP over statements and publications linked to alleged misconduct involving the security agency. The Federal High Court in Abuja had earlier ruled in favour of the DSS officials and awarded damages.
Defamation cases involving civil society organisations and government agencies have frequently raised legal debates around freedom of expression, public accountability, and reputational protection under Nigerian law. SERAP, known for public interest litigation on governance and human rights issues, has often challenged court decisions it considers to have implications for constitutional freedoms.
In its appeal, SERAP is asking the appellate court for a stay of execution of the N100 million judgment delivered by the lower court, arguing that enforcement of the ruling should be suspended until the substantive appeal is heard and decided.
The organisation contends that allowing enforcement of the judgment while the appeal is pending could render the appeal ineffective if the higher court eventually overturns the decision. The DSS officials involved in the suit had alleged that SERAP’s publications were defamatory and caused reputational damage, leading the court to award damages in their favour.
The stay of execution application is therefore aimed at preventing immediate enforcement of the monetary judgment until the Court of Appeal determines whether the lower court’s decision should stand. Legal filings indicate that SERAP is relying on constitutional provisions guaranteeing fair hearing and the right to appeal as part of its argument for the stay of execution.
The organisation also maintains that public interest litigation should be considered within the framework of constitutional protections, particularly where matters involve accountability and governance issues. The outcome of the stay of execution application could influence how judgments involving civil society organisations and public institutions are enforced pending appeal.
It also highlights the balance courts must maintain between enforcing judgments and preserving the effectiveness of appellate review processes. If granted, the application would temporarily halt enforcement of the monetary award until the Court of Appeal delivers its ruling on the substantive case.
