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.