Federal High Court strikes out Kwara govt’s case against journalists
The Federal High Court in Ilorin has struck out a defamation case instituted by the Kwara State Government on behalf of the Federal Government against two journalists with The Informant247, Salihu Ayatullahi and Adisa-Jaji Azeez.
Justice Olukayode Ariwoola struck out the charges, which were filed in 2024 after the news outlet published an investigative report exposing corruption at the Kwara State Polytechnic, Ilorin.
The suit, marked FHC/IL/14IC/2024, had accused the journalists of offences under Sections 24 and 27 of the Cybercrime Act.
It was learnt that the polytechnic petitioned the State Ministry of Justice after the story was published, prompting the state Director of Public Prosecution to file charges using a general fiat issued by the Federal Government to State Government.
Counsel for the defendants, A. J. Edun, filed three preliminary objections, arguing that the case lacked merit and was filed under the repealed Section 24 of the Cybercrimes Act, 2014.
He also told the court that a similar case had been filed at the magistrates’ court, which he described as an abuse of court process.
The matter had earlier been adjourned to Monday, December 1, for ruling on the objections.
However, when the case resumed on Monday, the prosecution informed the court that the nominal complainant had written to request the withdrawal of the case.
The prosecutor apologised to the court for filing and later withdrawing the case and asked the judge to strike it out.
Edun did not oppose the application, saying the complainant was at liberty to discontinue the matter.
In his ruling, Justice Ariwoola noted the submissions of both counsel and subsequently struck out the suit.
The journalists had earlier faced a similar case at the magistrates’ court in February, where they were charged with conspiracy, cyberstalking and defamation under the Cybercrimes Act and the Penal Code. The case was also struck out for lack of diligent prosecution and abuse of court process.
Reports said the Kwara State Ministry of Justice, through its Director of Public Prosecution, Muhammed Ayoola Idowu (MAI) Akande (Esq.), has targeted journalists and dissenting voices with the repealed law in recent years.
The reports also indicate that between 2022 and mid-2024, at least nine journalists in the state were arrested, detained, or prosecuted through ex parte motions. Many of the allegations bordered on cyberstalking and defamation.
Speaking on The Informant247 Television’s Fourth Estate programme, Edun described the latest ruling as a victory for press freedom.
