By Ibironke Ariyo, News Agency of Nigeria (NAN)
For many journalists, activists and civil society actors in Nigeria, speaking out on public interest issues is now a risky undertaking.
Beyond threats, intimidation and harassment, a growing number are finding themselves entangled in costly and prolonged legal battles.
This is not necessarily because they committed any wrongdoing, but because they dared to ask questions, demand accountability or expose perceived misconduct.
This trend, widely known as Strategic Lawsuits Against Public Participation (SLAPPs), has become a source of concern among media practitioners, human rights defenders and legal experts who fear that the phenomenon is gradually shrinking Nigeria’s civic space.
The concern is not unique to Nigeria.
Across the world, governments, corporations and influential individuals have been accused of deploying Strategic Lawsuits Against Public Participation to discourage scrutiny and silence critical voices.
The trend has become so widespread that several jurisdictions, especially in Europe and North America, have adopted anti-SLAPP measures designed to protect journalists, activists and civil society organisations from abusive litigation intended primarily to intimidate rather than secure justice.
Recent global press freedom assessments suggest that the challenge is occurring against a backdrop of declining media freedom worldwide.
According to Reporters Without Borders (RSF), global press freedom has experienced major setbacks in recent years, with restrictive laws, legal intimidation and attacks on journalists contributing to a deteriorating environment for free expression in many countries.
Although Nigeria has recorded modest improvements in some international press freedom rankings in recent years, media freedom advocates argue that journalists continue to face arrests, harassment and surveillance.
These challenges, they say, reinforce concerns that the misuse of litigation remains a threat to civic participation and democratic accountability.
Against this backdrop, the issue took centre stage in Abuja during a stakeholders’ validation meeting organised by Hope Behind Bars Africa (HBBA).
The meeting was convened to review a research report on SLAPPs in Nigeria as part of activities marking the 2026 World Press Freedom Day.
Stakeholders at the event described SLAPPs as legal actions initiated primarily to intimidate, silence or financially drain critics, rather than genuinely seek judicial redress.
Speaking at the event, the President, FCT Council, Nigeria Union of Journalists (NUJ), Grace Ike, warned that the misuse of legal processes to target journalists and civic actors poses a serious threat to press freedom and democratic accountability.
According to her, there has been a rising trend where legal actions are initiated, not to seek justice, but to suppress voices acting in the public interest.
“The union has continued to defend journalists against arbitrary arrests, harassment and coercive legal actions aimed at suppressing the media.
“In recent years, our council has continued to resist every attempt to suppress the media through coercive legal and extra-legal means,” she said.
Ike maintained that press freedom was not a privilege but a constitutional right and stressed that a society where journalists were silenced was one where citizens were denied access to truth, accountability and informed participation.
Furthermore, she noted that within the FCT, the union had sustained engagement with relevant authorities, security institutions and public office holders to ensure respect for the constitutional role of the media in a democratic society.
She added that the council had also stood firmly with journalists facing threats, victimisation and legal pressure for carrying out their professional responsibilities.
The concerns raised by the NUJ were reinforced by findings from research conducted by Ogechi Ogu, Executive Director, Public Awareness on Rights and Rehabilitation of Vulnerable Persons (PAR-RVP) Initiative and consultant to the project.
According to Ogu, the study was commissioned to investigate the extent of SLAPPs in Nigeria, identify the legal frameworks enabling them and assess their social, economic and political implications.
The research involved extensive reviews of legal literature, media reports, court cases and consultations with stakeholders, including victims and lawyers involved in SLAPP-related litigation.
Significantly, one of the study’s most striking findings was the prevalence of self-censorship among journalists and civic actors.
Ogu noted that many Nigerians are becoming more reluctant to speak on matters of public interest due to fear of legal reprisals.
“People are no longer participating. Everybody seems to be afraid to speak out because it comes with a huge cost,” she observed.
The study reviewed 19 documented cases and found that journalists accounted for 13 of them, making media practitioners the most affected group.
Equally important, the research identified provisions of the Criminal Code, Penal Code and state defamation laws, as well as Section 24 of the Cybercrime Act, as legal instruments frequently relied upon in initiating such actions.
Although defamation is traditionally a civil matter, stakeholders argued that criminal provisions are often invoked to increase pressure on defendants and expose them to arrest, detention and prolonged court proceedings.
Analysts observe that this trend contrasts with developments in several democratic countries where criminal defamation laws have either been repealed or greatly restricted in order to safeguard freedom of expression and reduce the risk of abuse.
According to Ogu, the consequences extend beyond individual victims.
She said the increasing use of SLAPPs contributes to declining public trust in the justice system, discourages civic engagement and affects economic productivity when individuals and organisations divert resources to legal battles.
She also warned that some victims have been forced to relocate or withdraw from public engagement altogether.
To address the challenge, the research recommended stronger collaboration among institutions such as the Nigerian Bar Association (NBA), National Human Rights Commission (NHRC), media organisations and civil society groups.
The report further advocated public enlightenment campaigns, improved documentation of cases and the enactment of legal safeguards against abusive litigation.
HBBA, which convened the meeting, said the growing trend informed its intervention project titled, “Defending the Defenders: Enhancing Action Against Suppressive Laws and Lawsuits in Nigeria”.
According to the organisation, the project is supported by the National Endowment for Democracy and seeks to confront the misuse of legal systems as instruments of repression.
In furtherance of this objective, the Programme Manager of HBBA, Nurudeen Hassan, said the organisation had undertaken a number of initiatives.
These include a podcast series featuring journalists and media experts, an online explainer course on SLAPPs, and advocacy for the passage of the Human Rights Defenders Bill.
Hassan added that the organisation had also provided pro bono legal support to victims and developed a web-based platform known as the SLAPPs Monitor.
According to him, the platform is expected to document incidents across Nigeria’s 36 states and the FCT while connecting victims with legal support services.
The initiative, stakeholders say, could help address one of the biggest challenges associated with SLAPPs; inadequate documentation and limited public awareness.
“Across Nigeria, lawsuits are increasingly being used not only to seek justice, but as tools to intimidate and silence journalists, activists and civic actors,” Hassan said.
Legal practitioner and human rights activist, Inibehe Effiong, argued that one of the major obstacles confronting victims was lack of financial resources.
According to him, many victims are unable to afford legal representation and are often dependent on lawyers willing to handle cases free of charge.
To bridge this gap, Effiong proposed the establishment of a National Anti-SLAPP Endowment Fund to provide financial support for journalists, activists and other individuals facing suppressive litigation.
He argued that the availability of such resources would discourage those who weaponise the legal system against critics.
“If resources are available to support victims, those initiating these suits will become more careful because they know the targets can defend themselves,” he said.
Effiong also called for stronger accountability measures against public officials and institutions that violate media rights.
He suggested that media organisations should consider collective actions, including temporary blacklisting of public institutions or officials that consistently target journalists.
According to him, naming and shaming offenders could serve as a deterrent and reinforce respect for press freedom.
Observers say the concerns raised at the validation meeting reflect broader challenges confronting democratic societies around the world.
Notably, experts argue that legal intimidation represents a more subtle threat to press freedom than outright censorship.
Unlike direct restrictions on media operations, SLAPPs often proceed through legitimate judicial channels, making them more difficult to identify and challenge.
Yet, their impact can be equally damaging, creating a chilling effect that encourages self-censorship and reduces public scrutiny of those in positions of authority.
While the right to seek legal redress remains fundamental, stakeholders insist that the judicial system should not be manipulated to intimidate citizens exercising their constitutional rights.
They argue that without deliberate safeguards, the growing use of suppressive litigation could discourage investigative journalism, weaken civic engagement and undermine democratic accountability.
As Nigeria continues its democratic journey, stakeholders believe that protecting journalists, activists and ordinary citizens from abusive legal actions is essential to preserving freedom of expression and ensuring that public participation remains vibrant and meaningful.
Ultimately, they contend that the debate over SLAPPs is not merely about lawsuits or legal procedure; it is about safeguarding the democratic space that enables citizens to speak, question authority and hold power to account without fear.
For them, protecting that space is indispensable to strengthening transparency, accountability and public trust in governance.(NANFeatures)
Edited by Tosin Kolade
****If used, please credit the writer and the News Agency of Nigeria.
