Appeal court dismisses defamation case against Saraki

The Court of Appeal has dismissed the criminal defamation and cyberbullying case instituted by the Kwara State Government against former Senate President, Dr Abubakar Bukola Saraki, ruling that the charge and evidence presented did not disclose any offence.

In a unanimous judgment read by Justice Ridwan Maiwada Abdullahi on behalf of Justices Gabriel Omoniyi Kolawole and Abdu Dogo, the appellate court held that the statement made by Saraki, which formed the basis of the case, was not capable of inciting violence or causing a breakdown of law and order in any part of Kwara State.

The case arose from a statement in which Saraki alleged that Governor Abdulrahman Abdulrazaq did not complete his secondary education and that his educational background was affecting his judgment.

The court noted that the evidence and witness statements presented in support of the charge did not establish that Saraki’s statement had caused any breach of peace in the state.

According to the court, the evidence merely showed that some of the witnesses were dissatisfied with the former Senate president’s comments.

It further held that the Administration of Criminal Justice Act, the Kwara State Penal Code Law and the relevant cybercrime and cyberbullying laws were not enacted to protect individuals from statements they found uncomfortable.

The court also stressed that although the Attorneys-General of the federation and states have broad powers to institute criminal proceedings, such powers must not be exercised in a manner that is oppressive, prejudicial or violates the fundamental human rights of citizens.

Consequently, the appellate court ruled that the case instituted against Saraki at the Kwara State High Court could not be sustained because the charge failed to disclose an offence or establish the statutory ingredients of the alleged offences.

Reacting to the judgment, Saraki said the ruling had reaffirmed his belief that nobody, regardless of their position or influence, could successfully silence dissent, particularly when those in government failed to fulfil their responsibilities to the people.

He expressed appreciation to the judiciary for what he described as its commitment to truth and the defence of justice.

Saraki also urged his supporters not to be discouraged by what he described as the oppressive tendencies of Governor Abdulrazaq’s administration, saying the administration had only seven months left in office.

He expressed confidence that the political tendency represented by the administration would be eradicated in Kwara State by the people.

The former Senate president added that he would not hesitate to reiterate his position on the governor’s educational background if the need arose, insisting that he would not remain silent on issues of public interest that warranted his comments.