Renowned human rights lawyer Femi Falana, SAN, has called on Senate President Godswill Akpabio to refrain from involving the Nigeria Police Force in a political dispute with Senator Natasha Akpoti-Uduaghan, advising him instead to pursue a civil libel suit if he believes he has been defamed.
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Falana’s statement comes in response to a petition Akpabio addressed to Inspector-General of Police Dr. Kayode Egbetokun, alleging that Senator Akpoti-Uduaghan defamed him during a recent political rally.
In the petition, Akpabio claimed that Akpoti-Uduaghan’s statement was “entirely false, unfounded, and politically motivated,” accusing her of criminal defamation, incitement, false accusation, and conduct likely to cause a breach of the peace. He urged the police to investigate and prosecute her for these alleged offenses. However, Falana argued that such a move misuses state machinery and contravenes legal precedents protecting free speech.
Citing the landmark case of Arthur Nwankwo v. The State (1985) 5 NCLR 228 at 253, Falana emphasized that public officers should not weaponize law enforcement against political opponents. Quoting the late Justice Olajide Olatawura of the Court of Appeal, he stated: “Let us not diminish the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose. The decision of the founding fathers of this present Constitution, which guarantees freedom of speech, including the freedom to criticise, should be praised, and any attempt to derogate from it, except as provided by the Constitution, must be resisted. Those in public office should not be intolerant of criticism. Where a writer exceeds the bounds, there should be a resort to the law of libel where the plaintiff must of necessity put his character and reputation in issue.”
Falana asserted that Akpabio’s petition seeks to “criminalise a civil dispute that is politically motivated,” a step he deems inappropriate. “The Nigeria Police Force should not be asked to intervene in what is essentially a political disagreement,” he said. Instead, he advised the Senate President to “institute a libel suit in the appropriate High Court if he feels defamed by the statement credited to Senator Natasha Akpoti-Uduaghan at a political rally.”
The dispute stems from remarks Akpoti-Uduaghan allegedly made about Akpabio, which he claims damaged his reputation. The call for police action has raised eyebrows, especially given the ongoing tensions between the two senators, with Akpoti-Uduaghan currently facing a six-month suspension from the Senate—a separate matter under legal challenge by her constituents.
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