The Court of Appeal sitting in Ilorin has unanimously dismissed the criminal defamation and cyberbullying case instituted by the Kwara State Government against former Senate President, Bukola Saraki.
It ruled that the charge and evidence presented by the prosecution failed to establish any criminal offence against him.
The appellate court held that the statement by Saraki questioning Governor AbdulRahman AbdulRazaq’s educational qualifications and judgment was not capable of inciting violence or causing a breakdown of law and order in any part of the state.
The judgment, delivered on Tuesday, was read by Justice Ridwan Abdullahi on behalf of the other members of the panel, Justices Gabriel Omoniyi Kolawole and Abdu Dogo.
The judge noted that all the evidence and witnesses’ statements supplied in support of the charge did not prove that Saraki’s statement led to any breach of the peace in the state; rather, they merely showed that those who testified felt dissatisfied with the statement.
He 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 against statements that they were uncomfortable with.
Justice Abdullahi added that while the Attorney General of a state and that of the federation have wide powers to institute criminal cases, such powers cannot be exercised in a manner that is prejudicial and oppressive of any individual or to violate the fundamental human rights of citizens.
The judge ordered that the case instituted at the Kwara State High Court against Dr. Saraki over his statement in which he alleged that Governor AbdulRazaq did not complete secondary education and that his level of education was affecting his judgment could not be sustained, having not stated any offence or included any statutory ingredient of the offence he was being charged for.
Reacting to the judgment, Dr. Saraki said he had once again been vindicated in his unflinching belief that nobody, no matter how powerful, could successfully muffle the voice of the dissent, particularly when those in government fail in their responsibility to the people.
He expressed gratitude to the judiciary for once again standing for the truth and defending the cause of justice.
Saraki urged his supporters to know that Governor AbdulRazaq’s alleged oppressive tendencies were mere inconveniences that would soon blow away.
According to him, this is because the administration has only seven months to stay in office, while the tendency that it represents would fizzle out.
Saraki insisted that if the need arose, he would reiterate his position on Governor AbdulRazaq’s level of education and that he would not keep quiet when there were issues of public interest that deserved his comment.
