Kolawole Olaniyan, Amnesty International’s legal adviser, has criticized the ₦100 million defamation judgment against the Socio-Economic Rights and Accountability Project (SERAP). He highlights the irony of the group’s current legal battle, noting its past defense of National Security Adviser Nuhu Ribadu when he faced government pressure for his anti-corruption efforts.
In his opinion piece, “When the state turns the law against dissent under Tinubu’s watch,” Olaniyan examines SERAP’s dispute with two State Security Service (SSS) officials. He argues the case reflects broader concerns about using legal and security mechanisms to silence government critics. The SSS maintains the defamation action was brought personally by the officers, not the agency.
SERAP’s History of Defending Ribadu
Olaniyan recalls SERAP’s support for Ribadu in 2008, after his removal as Chairman of the Economic and Financial Crimes Commission under late President Umaru Yar’Adua. SERAP condemned the removal, petitioned the United Nations, and threatened legal action over Ribadu’s replacement. After reported attempts on Ribadu’s life that year, it called for an investigation and greater protection for him.
Ribadu later became the first recipient of the Civil Society Anti-Corruption Defender Award in 2009, an initiative Olaniyan helped establish. The Wole Soyinka Centre for Investigative Journalism confirmed Ribadu received the award for his anti-corruption work and the pressure he faced from Nigerian authorities.
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SERAP’s Current Legal Dispute
Olaniyan contrasts this history with SERAP’s ongoing dispute involving SSS officials Sarah John and Gabriel Ogundele. The dispute arose in September 2024, when SERAP alleged security operatives unlawfully entered its Abuja office and demanded to see its directors. This followed SERAP’s call for President Bola Tinubu to investigate corruption allegations involving the Nigerian National Petroleum Company Limited.
John and Ogundele sued SERAP and its Deputy Director, Kolawole Oluwadare, for defamation, claiming publications falsely portrayed them as invading the organization’s premises. On May 5, 2026, Justice Yusuf Halilu of the High Court of the Federal Capital Territory ruled against SERAP, awarding ₦100 million in damages to the officials. The court also ordered SERAP to publish apologies, pay ₦1 million in litigation costs and pay post-judgment interest at 10 per cent annually on the damages until the judgment is satisfied.
SERAP has appealed the decision, arguing the trial court erred on jurisdiction, evidence, claimant identification, and defamation law application. The Court of Appeal has yet to rule on these grounds.
The SSS has distanced itself from the litigation, stating John and Ogundele acted in their personal capacities, though they obtained approval from the Director-General before pursuing legal action.
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Olaniyan finds SERAP’s current position striking, noting the organization once defended Ribadu against alleged harassment and intimidation. He argues that, in his opinion, security institutions are increasingly using litigation and criminal processes against critics. His article also references other disputes involving the SSS and government critics.
Olaniyan links these cases to a broader debate about civic space, freedom of expression, security agencies and the limits of legitimate criticism. He recalls President Tinubu’s 2025 Democracy Day address, where the President stated citizens should not face injustice for criticizing him or the government. Tinubu emphasized democracy requires tolerance for harsh words and insults, distinguishing criticism from slander and libel. The official State House transcript confirms these remarks.
Olaniyan argues these remarks should be measured against the treatment of civil society organizations, journalists, and activists who criticize government institutions. SERAP’s appeal remains pending, with the organization seeking to set aside the judgment and dismiss the suit.
President Tinubu’s Remarks on Criticism and Democracy
In his 2025 Democracy Day address, President Tinubu said criticism, including harsh criticism, should not by itself expose citizens to injustice. The official State House transcript confirms these remarks, which align with the principle that criticism, even when severe, should not lead to unfair treatment.
