Appeal Court Quashes Defamation Case Against Saraki, Upholds Free Speech
The Court of Appeal, Ilorin Division, has quashed the criminal defamation and cyberbullying case instituted by the Kwara State Government against former Senate President, Dr Bukola Saraki, ruling that the allegations and evidence presented disclosed no criminal offence.
In its judgment, read by Justice Ridwan Maiwada Abdullah, the appellate court held that the statement made by Saraki, which prompted the complaint by Kwara State Governor AbdulRahman AbdulRazaq, did not establish any offence under the law.
The court noted that the evidence and witness statements presented by the prosecution failed to show that Saraki’s comments caused a breach of the peace, adding that they merely reflected the displeasure of those who testified.
It stressed that the Administration of Criminal Justice Act, the Kwara State Penal Code and the Cybercrime and Cyberbullying Law were not designed to shield individuals from statements they found uncomfortable.
The court further held that although state and federal attorneys-general have broad powers to institute criminal proceedings, such powers must not be exercised in ways that are oppressive, prejudicial or violate citizens’ fundamental human rights.
Consequently, it ruled that the case filed at the Kwara State High Court could not be sustained because the charge failed to disclose an offence or establish the essential legal ingredients required for prosecution.
The case stemmed from Saraki’s allegation that Governor AbdulRazaq had not completed secondary education and that his educational background was affecting his judgment.
Reacting to the ruling in a statement signed by his Press Officer on Local Matters, Abdulganiyu Abdulqadir, Saraki expressed gratitude to the judiciary for what he described as its continued commitment to truth and justice.
