Appeal Court quashes defamation case against Saraki

From Taiwo Ogunniyi, Ilorin

The Court of Appeal has dismissed the criminal defamation and cyberbullying case instituted by the Kwara State Government against former Senate president,  Bukola Saraki, holding that the charge and supporting evidence disclosed no offence, according to a statement from his media office.

The statement said the appellate court, in a unanimous judgment, described the prosecution as an abuse of court process and an infringement of Saraki’s constitutional rights.

Justice Ridwan Abdullahi delivered the judgment on behalf of the three-member panel, which also comprised Justices Gabriel Kolawole and Abdu Dogo.

The case, instituted at the Kwara State High Court, arose from Saraki’s allegation that Governor AbdulRahman AbdulRazaq did not complete his secondary education and that his educational background was affecting his judgment.

According to the statement, the appellate court held that the remarks were not capable of inciting violence or causing a breakdown of law and order in Kwara State.

It noted that the evidence and witness statements supplied by the prosecution did not establish that Saraki’s comments caused any breach of the peace. Rather, they showed that those who testified were dissatisfied with the remarks.

The court further held that the criminal justice, penal and cybercrime laws invoked by the prosecution were not enacted to protect individuals from statements they found uncomfortable.

Although the attorneys-general of the states and the federation possess broad powers to institute criminal proceedings, the court held that those powers must not be exercised oppressively or in violation of citizens’ fundamental rights.

It consequently ruled that the case could not be sustained because the charge and supporting material failed to disclose the statutory ingredients of the alleged offences.

Reacting, Saraki said the judgment reaffirmed his belief in the protection of dissenting voices, particularly when those in government failed to discharge their responsibilities to the people.

The statement, signed by his Press Officer on Local Matters, Abdulkadir Abdulganiyu, said Saraki remained convinced that “nobody, no matter how powerful, can successfully muffle the voice of dissent.”

He thanked the judiciary for “standing for the truth and defending the cause of justice.”

Saraki also accused the AbdulRazaq administration of attempting to suppress dissent and expressed confidence that voters would reject the political tendencies it represented.

With about seven months remaining in the administration’s tenure, he urged his supporters to regard what he described as its oppressive tendencies as temporary.

The former Senate president said he would not hesitate to restate his position on the governor’s educational background if necessary and would continue to speak on matters of public interest.