.demand immediate release of Certified True Copy of judgment
By Gabriel Ewepu
ABUJA – CIVIL Society groups numbering over 50, Wednesday, backed the Socio-Economic Rights and Accountability Project,SERAP, as they expressed concern over the defamation judgment obtained by the Department of State Service, DSS, against SERAP.
In a jointly signed statement by the CSOs, they said the judgment signals “wider implications for civic freedoms, judicial transparency, and constitutional democracy in Nigeria”, saying they are “concerned by the growing public discourse 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 many reactions and commentaries emerged.”
They also added that such circumstances raise important concerns regarding procedural fairness, institutional responsibility, and adherence to the principles of due process that underpin constitutional democracy.
According to the statement, “Under Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), every person is entitled to a fair hearing within a reasonable time by a court or tribunal constituted in such manner as to secure its independence and impartiality. The constitutional guarantee of fair hearing extends beyond courtroom proceedings and necessarily encompasses transparency, access to judicial decisions, and a meaningful opportunity to exercise appellate rights.
“Similarly, Section 39(1) of the Constitution guarantees freedom of expression, including the freedom to receive and impart information and ideas without interference, while Section 22 imposes a democratic obligation on the media and civic actors to hold government accountable to the people.
“At the international level, Article 19 of the Universal Declaration of Human Rights (UDHR) guarantees the right to freedom of opinion and expression, including the freedom “to seek, receive and impart information and ideas through any media and regardless of frontiers.”
“Further, Article 9 of the African Charter on Human and Peoples’ Rights — domesticated in Nigerian law through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act — guarantees every individual the right to receive information and to express and disseminate opinions within the law.
“The African Commission on Human and Peoples’ Rights has repeatedly affirmed that restrictions on civic expression and public interest advocacy must satisfy strict tests of legality, necessity, and proportionality in a democratic society.
“We are equally concerned by the apparent delay in the release of the Certified True Copy of the judgment. Timely access to judgments is central to the administration of justice. Without access to the judgment, litigants may be unable to properly evaluate their legal position, pursue informed appellate review, or respond responsibly in the public domain.
“The Supreme Court of Nigeria has repeatedly affirmed that justice must not only be done, but must also be seen to be done, and that fair hearing constitutes the bedrock of constitutional adjudication in Nigeria. These principles remain central to the legitimacy of judicial authority and the protection of democratic governance.”
According to them, “In addition, Nigerian courts have consistently recognised the African Charter on Human and Peoples’ Rights as an enforceable part of domestic law, reinforcing protections for freedom of expression, civic participation, and access to justice.
“We respectfully submit that delays in making judgments or Certified True Copies available in matters of significant constitutional and public importance risk undermining: the right to fair hearing and appeal; transparency in judicial administration; public confidence in the courts; responsible civic engagement; and broader trust in democratic institutions.
“We also urge caution against the increasing use of defamation litigation, coercive legal measures, and institutional intimidation in contexts involving anti-corruption advocacy, public accountability work, and civic engagement. Democratic societies depend on the ability of civil society organisations to question authority, scrutinise public institutions, and engage in robust public-interest advocacy without fear of disproportionate retaliation.
“The constitutional right of appeal remains an integral part of the justice system. Seeking appellate review of a judgment cannot reasonably be construed as contempt for the judiciary or disobedience to the rule of law. To suggest otherwise risks weakening constitutional safeguards and discouraging legitimate legal recourse.
Meanwhile, some of their demand include; The immediate release of the Certified True Copy of the judgment to ensure transparency and enable informed legal and public engagement; Respect for constitutional and international human rights protections guaranteeing fair hearing, freedom of expression, and access to justice; Greater institutional restraint and responsibility in public commentary on judicial matters where the underlying records are not publicly available.
Protection of civic space and public-interest advocacy from intimidation, harassment, or misuse of legal processes; and continued commitment by Nigerian institutions to constitutionalism, democratic accountability, and human rights norms under both domestic and international law.
“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. At moments such as this, constitutional democracy demands caution, transparency, solidarity, and principled fidelity to justice”, they concluded.
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