SERAP accuses Tinubu of using SSS to silence it, other critics, activists

The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu and his government “to stop the ‘weaponisation’ of the country’s security agencies to target Nigerians simply for the peaceful exercise of their human rights, and to direct the Department of State Services (DSS) to immediately withdraw the baseless defamation lawsuit by their proxies against our organisation and management staff.”

Two named DSS (also called SSS) officials last week filed a defamation lawsuit against SERAP, following allegations by the organisation regarding the recent invasion of its Abuja office by some officials of the security agency.

In the open letter dated 19 October 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “We are seriously concerned that your government seems to be weaponizing the DSS and misusing defamation laws as a tool of repression and to target those who defend human rights.”

SERAP said, “Rather than addressing the allegations of widespread corruption in the oil sector and the worsening economic situation in the country, and reducing the cost of governance, your government is targeting those who campaign for actions in these areas.”

The letter, read in part: “We would be grateful if the recommended measures are immediately taken following the receipt and/or publication of this letter.”

“If the lawsuit is not immediately withdrawn, we will be prepared to defend our organisation and management staff in court, and to join your government and DSS in the lawsuit. This may include calling witnesses to ensure justice, end impunity for rights abuses, and achieve legitimate public interests in this matter.”

“We have since 2004 pursued several public interest cases against the governments of former presidents Olusegun Obasanjo, Umaru Musa Yar’Adua, Goodluck Jonathan and Muhammadu Buhari. This is the first time any government will weaponise the country’s security agencies to intimidate and target our organisation.”

“The defamation lawsuit is brought by two named DSS officials but their names are unknown to our organization. The lawsuit by these officials is apparently instigated and sponsored by the DSS under your watch.”

“It is critical for human rights defenders, activists, journalists and other citizens to be able to organise and freely exercise their human rights without the threat of baseless lawsuits by your government or its security agencies and/or their proxies.”

“Weaponising the security agencies to intimidate, harass and silence human rights defenders, activists, journalists and other civil society actors will weaken representative democracy, deepen impunity and undermine the rule of law.”

“Rather misusing the security agencies to crackdown on human rights defenders, activists, journalists and other civil society actors, your government ought to take steps to thoroughly, independently, impartially, transparently and effectively investigate the allegations raised by SERAP.”

“We are disappointed that your government has so far failed to respond to our recommendations calling on you to direct the Nigerian National Petroleum Company Limited (NNPCL) to immediately reverse the apparently illegal and unconstitutional increase in the pump price of petrol across its retail outlets.”

“Your government has also failed to probe the allegations of corruption and mismanagement in the NNPC, including the spending of the reported $300 million ‘bailout funds’ collected from the Federal Government in August 2024, and the $6 billion debt it owes suppliers, despite allegedly failing to remit oil revenues to the treasury and to prosecute suspected perpetrators.”

“Your government also continues to refuse to obey several court judgments obtained by SERAP, including those which ordered the Federal Government to disclose the details of the agreement with X, formerly Twitter, to assess whether the agreement complies with the exercise of Nigerians’ human rights online and to account for payments of N729 billion to 24.3 million poor Nigerians for six months.”

“SERAP had on 9 September 2024 also called on you and your government to direct the DSS to end the intimidation and harassment of our organization and our staff members.”

“Our call followed the invasion of our Abuja office by some officials of the DSS. SERAP was subsequently served with a defamation lawsuit with number CV/4547/24.”

“The country under your government has witnessed an escalating crackdown on human rights particularly the rights to freedom of expression, peaceful assembly, association and media freedom, as well as socio-economic rights.”

“The judicial harassment of those who peacefully defend human rights is entirely inconsistent and incompatible with the letter and spirit of the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.”

“Under your government, human rights defenders, activists, journalists and other civil society actors such as the leadership of the Nigerian Labour Congress (NLC) continue to face harassment, intimidation, and arbitrary detention simply for carrying out their legitimate work.”

“The judicial harassment of SERAP by your government and its agencies shows hostility towards civil society actors defending the rights of other citizens, criticizing human rights violations, and challenging a culture of impunity for perpetrators.”

“SERAP therefore urges your government to end the intimidation, harassment and threats against our organization and management staff and other human rights defenders, activists as well as journalists and other civil society actors, including intimidation, through baseless legal processes.”

“SERAP strives to ensure that our human rights and anticorruption work meet the highest standards of analytical rigor devoid of politics. Our work is driven solely by the fundamental principles of justice, impartiality, solidarity and universality of human rights. SERAP believes that no government is beyond scrutiny and accountability.”

“SERAP’s non-partisan work in the field of human rights and anticorruption has been widely recognised nationally and internationally. Our organization received the Wole Soyinka Anti-Corruption Defender Award in 2014, and was nominated for the UN Civil Society Award and Ford Foundation’s Jubilee Transparency Award. SERAP was also nominated for the 2024 Columbia Global Freedom of Expression Prizes.”

“Our organization’s calls on your government regarding the persistent increases in fuel prices and allegations of corruption in the NNPC are based on the constitutional and international responsibilities of your government to Nigerians who are victims of corruption, and your constitutional oath of office.”

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“SERAP believes that it is through action like this that any government in a society governed by the rule of law can be motivated to live up to its commitments and to meet the expectations of its citizens for good governance, human rights and the rule of law.”

“SERAP urges your government to embrace the rule of law and this will in turn entail respect for the human rights of Nigerians. Where there is a culture of rule of law, there is likely to be less corruption.”

“Without embracing the rule of law, your government is unlikely to achieve your oft-repeated economic and development programmes since the rule of law is the foundation of any civilised society.”