In a unanimous decision, the Court of Appeal has dismissed the criminal defamation and cyberbullying case filed by the Kwara State Government against former Senate President Abubakar Bukola Saraki.
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The court held that the charge and the evidence presented did not establish that the appellant committed an offence.
In a judgment delivered by Justice Ridwan Maiwada Abdullahi on behalf of the three-member panel comprising himself, Justice Gabriel Omoniyi Kolawole and Justice Abdu Dogo, the appellate court held that there was nothing in Saraki’s statement, which Kwara State Governor AbdulRahman AbdulRazaq complained about, that was capable of inciting violence in any part of the state or causing a breakdown of law and order.
The court noted that the evidence and witnesses’ statements supplied in support of the charge did not establish that Saraki’s statement led to any breach of the peace in the state. Rather, they merely showed that those who testified were dissatisfied with the statement.
Justice Abdullahi added that the Administration of Criminal Justice Act, the Penal Code Law of Kwara State and the Cybercrime and Cyberbullying law were not enacted for the purpose of protecting individuals from statements with which they were uncomfortable.
He further held that while the Attorney-General of a state and the Attorney-General of the Federation have wide powers to institute criminal proceedings, such powers cannot be exercised in a manner that is prejudicial or oppressive to any individual or in violation of the fundamental rights of citizens.
The court held that the case instituted at the Kwara State High Court against Saraki over his statement alleging that Governor AbdulRazaq did not complete secondary education and that his level of education was affecting his judgment could not be sustained, having failed to disclose any offence or contain the statutory ingredients of the offence with which he was charged.
Reacting to the judgment, Saraki said he had once again been vindicated in his belief that nobody, no matter how powerful, could successfully muffle the voice of dissent, particularly when those in government fail in their responsibility to the people.
He expressed gratitude to the judiciary for what he described as once again standing for the truth and defending the cause of justice.
Saraki urged his supporters to regard Governor AbdulRazaq’s alleged oppressive tendencies as mere inconveniences that would soon pass.
According to him, the administration had only seven months left in office, while the tendency it represented would eventually fizzle out.
Saraki maintained that, if the need arose, he would reiterate his position on Governor AbdulRazaq’s level of education and would not remain silent on issues of public interest that deserved his comment.
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