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 charge and evidence presented failed to disclose any offence.
The Independent Mirror reports that in its judgment, the appellate court held that the statements made by Saraki, which prompted the complaint by Kwara State Governor, Abdulrahman Abdulrazaq, were not capable of inciting violence or causing a breakdown of law and order in the state.
Delivering the judgment on behalf of the panel, Justice Ridwan Maiwada Abdullahi, alongside Justices Gabriel Omoniyi Kolawole and Abdu Dogo, said the evidence and witness statements presented in support of the charge did not establish that Saraki’s comments had caused any breach of the peace.
According to the court, the testimonies merely showed that some individuals were dissatisfied with the former Senate President’s remarks.
The court further stated that the Administration of Criminal Justice Act, the Kwara State Penal Code Law, and the laws on cybercrime and cyberbullying were not enacted to protect individuals from statements they found uncomfortable.
It also acknowledged that state and federal Attorneys-General possess broad powers to institute criminal proceedings but stressed that such powers must not be exercised in a manner that is oppressive, prejudicial or violates the fundamental human rights of citizens.
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Consequently, the appellate court ruled that the case filed against Saraki at the Kwara State High Court could not be sustained because the charge failed to disclose an offence or establish the statutory ingredients of the alleged crimes.
The case arose from Saraki’s statement alleging that Governor Abdulrazaq had not completed his secondary education and that his level of education was affecting his judgment.
Reacting to the judgment, Saraki said the ruling had once again vindicated his belief that nobody, regardless of how powerful they might be, could successfully silence dissent, particularly when those in government failed to fulfil their responsibilities to the people.
He expressed appreciation to the judiciary for what he described as its continued commitment to truth and the defence of justice.
Saraki also maintained that he would not hesitate to restate his position on the governor’s educational qualifications if the need arose, adding that he would continue to speak out on matters of public interest.
