The Pacesetter Frontier Magazine

Tag: Court of Appeal

  • Appeal Court Dismisses Defamation Case Against Saraki, Says No Offence Established

    Appeal Court Dismisses Defamation Case Against Saraki, Says No Offence Established

    Precious Nwonu, Enugu

    The Court of Appeal sitting in Ilorin, Kwara State, has dismissed a criminal defamation and cyberbullying case instituted by the state government against former Senate President Bukola Saraki, ruling that the charge and evidence failed to establish any offence.

    In a unanimous judgment delivered on Tuesday, the appellate court held that the statement at the centre of the case did not show that Saraki had incited violence or encouraged a breakdown of law and order in the state.

    Justice Ridwan Maiwada Abdullahi delivered the judgment on behalf of two other members of the panel, Justices Gabriel Omoniyi Kolawole and Abdu Dogo.

    The case arose from comments by Saraki alleging that Kwara State Governor Abdulrahman Abdulrazaq had not completed secondary education and that his educational background was affecting his judgment.

    The court found that the evidence and witness statements presented by the prosecution did not establish that Saraki’s comments had caused any breach of the peace. Rather, the evidence indicated that some witnesses were dissatisfied with his remarks.

    It held that the Administration of Criminal Justice Act, the Kwara State Penal Code and the laws on cybercrime and cyberbullying were not designed to protect individuals from statements merely because they found them offensive or uncomfortable.

    The appellate court also cautioned that although state and federal attorneys-general have broad powers to institute criminal proceedings, those powers must not be exercised in an oppressive or prejudicial manner or in violation of citizens’ fundamental rights.

    It consequently ruled that the case filed against Saraki at the Kwara State High Court could not stand because the charge did not disclose an offence or establish the statutory elements required to sustain the prosecution.

    Reacting to the judgment, Saraki’s Press Officer on Local Matters, Abdulganiyu Abdulqadir, said the former Senate president had been vindicated in his belief that no individual, regardless of political influence, could successfully silence dissent.

    Saraki also expressed appreciation to the judiciary for what he described as its commitment to truth and justice.

    He urged his supporters to remain calm, describing the governor’s actions as temporary inconveniences.

    The former Senate president further stated that he would continue to speak on matters of public interest, including the governor’s educational background, if the need arose.

    He argued that the current administration had only seven months left in office and expressed confidence that the people of Kwara State would reject the political tendencies he criticised.

  • Court Of Appeal Dismisses El-Rufai’s Bail Appeal

    Court Of Appeal Dismisses El-Rufai’s Bail Appeal

    Precious Nwonu, Enugu

    The Court of Appeal in Kaduna has dismissed an appeal by former Kaduna State Governor Nasir El-Rufai challenging the refusal of his second bail application by the state’s High Court.

    The appellate court, in a unanimous judgment delivered on Thursday, held that El-Rufai failed to present fresh facts or special circumstances that would justify overturning the lower court’s decision.

    The judgment, obtained by a correspondent on Friday, was delivered by a three-member panel led by Justice Onyekachi Aja Otisi, who affirmed the High Court’s June 10, 2026, ruling denying the former governor bail.

    “There is no merit in this appeal; it fails and is hereby dismissed. The ruling of the lower court delivered on 10/6/2026 is hereby affirmed,” Otisi held.

    El-Rufai, who governed Kaduna State from 2015 to 2023, is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission over alleged financial offences linked to his administration. He has denied wrongdoing.

    In reaching its decision, the appellate court considered the prosecution’s concerns that some of the former governor’s public statements could potentially interfere with the administration of justice.

    The prosecution had cited an interview El-Rufai granted Arise Television on April 26, 2026, during which he allegedly admitted to wiretapping the telephone line of the National Security Adviser. It also referred to remarks attributed to him about defending his political legacy against attempts to criminalise him.

    According to the judgment, El-Rufai acknowledged participating in the interview and noted that he was facing a separate case relating to the subject matter.

    However, the appellate court emphasised that its consideration of the evidence presented in the bail proceedings did not amount to a determination of his guilt.

    Otisi reiterated that the former governor remained presumed innocent until proven guilty, as guaranteed by the Constitution.

    The panel also rejected El-Rufai’s argument that his return to custody after attending his late mother’s burial demonstrated that he was not a flight risk.

    The former governor had argued that his release to attend the burial and subsequent return to custody constituted compelling grounds for bail.

    The prosecution, however, maintained that security operatives accompanied and monitored him throughout the period.

    The court noted that El-Rufai’s affidavit referred to photographs allegedly showing him attending funeral prayers at the National Mosque in Abuja, but the photographs were not attached to the application before the trial court.

    Otisi said the trial judge could not speculate on the contents of documents that had not been presented as evidence.

    “Courts are not allowed to act on speculations or conjecture to reach a decision, more so in our criminal jurisprudence,” he said.

    The appellate court consequently upheld the lower court’s finding that El-Rufai had not sufficiently demonstrated that his return to custody was entirely voluntary or that the circumstances warranted a different bail decision.

    It also affirmed the order directing an accelerated hearing of the criminal case, with proceedings to be conducted on a day-to-day basis as far as practicable while the former governor remained in ICPC custody.

    The panel observed that there was no evidence before it showing that the prosecution had failed to pursue the case diligently. It added that El-Rufai could approach the trial court for another consideration of his bail application if the prosecution failed to prosecute the case diligently.

    In a concurring judgment, Justice Abimbola Obaseki-Adejumo agreed that the former governor had not presented fresh and compelling evidence to justify a different outcome.

    “Nothing had changed; therefore, I am unable to agree that a miscarriage of justice had occurred,” she held.

    Justice Lateef Ganiyu also concurred with the lead judgment, noting that the failure to attach documents relied upon in the bail application weakened El-Rufai’s case.

    The ICPC took the former governor into custody in March 2026 following investigations into alleged financial infractions and procurement irregularities during his administration from 2015 to 2023.

  • Court Adjourns SERAP’s N100m Defamation Appeal To October 13

    Court Adjourns SERAP’s N100m Defamation Appeal To October 13

    Precious Nwonu, Enugu

    The Court of Appeal in Abuja has adjourned until October 13 the hearing of two appeals arising from a defamation case in which the Federal Capital Territory High Court ordered the Socio-Economic Rights and Accountability Project to pay N100m in damages to two Department of State Services officials.

    A three-member panel led by Justice Danlami Senchi fixed the new date on Friday after discovering that a related appeal filed by Kolawole Oluwadare was not ready for hearing.

    The panel consequently reversed its earlier decision to reserve judgment in SERAP’s appeal, ruling that both cases should be heard together because they originated from the same judgment of the lower court.

    The appeals, marked CA/ABJ/CV/1114/2026 and CA/ABJ/CV/1105/2026, were filed by SERAP and Oluwadare, respectively, against Sarah John and two others.

    SERAP is challenging a May 5, 2026, judgment by Justice Yusuf Halilu of the FCT High Court, which found the organisation liable for defamation over publications concerning an alleged invasion of its Abuja office by DSS officials in September 2024.

    During Friday’s proceedings, counsel to Oluwadare, Hannah Ayanwale, told the court that the second appeal was not ready because the appellant’s brief had been filed only the previous day. She also said a document had inadvertently been omitted from the additional record of appeal.

    Akinlolu Kehinde, SAN, who represented the first and second respondents in the related appeal, argued that the case amounted to an abuse of court process, noting that the matters had been heard jointly at the trial court.

    He said the respondents had assumed the appeal was no longer active because the appellant’s counsel had not filed the necessary processes within the expected time. Kehinde apologised for not filing an application to challenge the appeal earlier and sought time to submit the respondents’ briefs.

    Paul Ngbeoma, counsel to the third respondent, also apologised to the court, stating that his client would participate in the proceedings without filing additional processes.

    The panel criticised the respondents’ lawyers for failing to alert the court that the appeal was not ready before the matter was called.

    Justice Senchi stressed that only the court could decide whether an appeal should be removed from its list, adding that the service of the appellant’s brief showed that the case remained active.

    The court directed the first and second respondents to file their briefs by Monday, October 12, while the appellant was ordered to submit a reply by Tuesday morning.

    Explaining its decision to vacate the earlier order reserving judgment in SERAP’s appeal, the panel said counsel had not informed it that both appeals arose from the same lower court judgment. It held that the second appeal’s status made it necessary to hear the cases together.

    The dispute followed publications made by SERAP on September 9, 2024, alleging that DSS officials unlawfully entered its Abuja office after the organisation called on President Bola Tinubu to investigate alleged corruption at the Nigerian National Petroleum Company Limited and reverse increases in petrol prices.

    The publications reportedly described the officers as “a tall, large, dark-skinned woman” and “a slim, dark-skinned man” without naming them.

    The two officials subsequently sued SERAP for defamation, leading to the FCT High Court’s decision to award N100m in damages against the organisation and order an apology.

    In its appeal, SERAP challenged the finding of liability, the damages awarded and the consequential orders made by the trial court.

    The organisation argued that the claimants were not identified by name, rank, designation, office or photograph in the publications and that no independent witness established that readers understood the descriptions to refer specifically to them.

    SERAP also questioned the trial court’s reliance on its own observation of the officials’ physical appearance to establish their identification.

    It further argued that claims of psychological harm and damage to reputation were not supported by sufficient evidence of specific professional, financial or reputational losses.

    The organisation is asking the Court of Appeal to overturn the judgment.

    The appellate court is scheduled to hear both appeals on October 13.

  • Appeal Court Reserves Judgment On El-Rufai’s Bail Appeal

    Appeal Court Reserves Judgment On El-Rufai’s Bail Appeal

    Precious Nwonu, Enugu

    The Court of Appeal in Kaduna has reserved judgment in an appeal filed by former Kaduna State Governor, Nasir El-Rufai, challenging the refusal of his bail application by the state High Court.

    A three-member panel led by Justice Onyekachi Otisi reserved judgment on Tuesday after hearing arguments from lawyers representing El-Rufai and the Independent Corrupt Practices and Other Related Offences Commission.

    The appellate court did not announce a date for the delivery of its judgment.

    Counsel to the ICPC, Ayodeji Adedipe, urged the court to dismiss the appeal, arguing that the Kaduna State High Court was justified in refusing to grant El-Rufai bail.

    Adedipe told the court that El-Rufai had made three separate bail applications before the trial court, all of which were rejected.

    He argued that while the former governor was appealing the ruling on his second application, he failed to disclose that a subsequent third bail application had also been dismissed.

    The ICPC counsel therefore described the appeal as lacking merit and urged the appellate court to uphold the lower court’s decision.

    However, El-Rufai’s lawyer, Paul Erokoro, SAN, asked the Court of Appeal to overturn the ruling and release his client on bail pending the determination of the charges against him.

    Erokoro argued that the offences against the former governor were bailable and did not attract the death penalty, stressing that continued detention was therefore unjustified.

    The Senior Advocate also contended that El-Rufai’s continued detention was affecting his ability to prepare his defence by limiting his access to his lawyers and potential witnesses.

    According to him, such restrictions could interfere with confidential communication between the former governor and his legal team and ultimately affect his right to a fair trial.

    Erokoro further urged the court to consider the political circumstances surrounding the case, noting that the charges were filed against El-Rufai, a prominent opposition figure, as the 2027 general elections approach.

    El-Rufai, who served as Kaduna State governor between 2015 and 2023, is facing prosecution by the ICPC over alleged financial offences linked to his administration.

    The former governor has denied wrongdoing and challenged the circumstances surrounding his detention.

    The ICPC is prosecuting El-Rufai alongside some former officials of the Kaduna State Government over alleged financial infractions.

    Following the arguments from both sides, the appellate panel reserved its judgment without fixing a date for its delivery.