Appeal Court quashes 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 allegations and evidence presented against him failed to establish any criminal offence.

In a unanimous judgment delivered by Justice Ridwan Maiwada Abdullahi, alongside Justices Gabriel Omoniyi Kolawole and Abdu Dogo, the appellate court held that the prosecution failed to demonstrate how Saraki’s statement against Governor AbdulRahman AbdulRazaq constituted an offence under the relevant laws.

The case arose from Saraki’s allegation that Governor AbdulRazaq did not complete his secondary education and that his educational background was affecting his judgment.

The court held that nothing in the statement, as presented before it, was capable of inciting violence or provoking a breakdown of law and order in any part of Kwara State.

It noted that the evidence and witness statements tendered by the prosecution did not establish that Saraki’s comments had caused any breach of the peace, adding that the testimonies merely reflected the dissatisfaction of those who took offence at the remarks.

According to the court, the Administration of Criminal Justice Act, the Kwara State Penal Code and the laws on cybercrime and cyberbullying were not enacted to shield individuals from statements they found uncomfortable.

The appellate court further emphasised that although the Attorney-General of the Federation and state attorneys-general possess extensive powers to institute criminal proceedings, such powers must not be exercised in an oppressive or prejudicial manner or used to infringe on citizens’ fundamental rights.

Consequently, the court ruled that the case filed against Saraki at the Kwara State High Court could not be sustained because the charge failed to disclose a criminal offence or establish the essential legal ingredients required to prosecute him.

Reacting to the judgment, Saraki said the ruling had reaffirmed his belief that no individual, regardless of political power, could successfully suppress dissenting voices, particularly when those in government failed to meet the expectations of the people.

In a statement signed by his Press Officer on Local Matters, Abdulganiyu Abdulqadir, Saraki expressed appreciation to the judiciary for what he described as its continued commitment to truth and justice.

He said the judgment reinforced the principle that public officials must be prepared to tolerate criticism and opposing views in a democratic society.

Saraki also urged his supporters not to be discouraged by what he described as the oppressive tendencies of the AbdulRazaq administration, expressing confidence that the political circumstances in Kwara State would change.

He further maintained that he would not hesitate to restate his position on the governor’s educational background if the need arose, insisting that he would continue to speak out on matters of public interest.

The former Senate president’s reaction underscored his position that public debate and criticism should not be criminalised, particularly when they concern the conduct and capacity of elected officials.