The Court of Appeal, sitting in Ilorin, Kwara State, North-Central Nigeria has dismissed the criminal defamation and cyberbullying case filed by the Kwara State Government against former President of the Senate, Dr. Abubakar Bukola Saraki, describing it as an abuse of court process and an infringement of his constitutional rights.
In a unanimous judgement delivered by Justice Ridwan Maiwada Abdullahi on behalf of Justices Gabriel Omoniyi Kolawole and Abdu Dogo, the court held that the charge and evidence produced disclosed no offence committed by the accused.
The court ruled that Saraki’s statement complained of by Governor AbdulRahman AbdulRazaq, alleging that the Governor did not complete secondary education and that it was affecting his judgement, was not capable of inciting violence or breakdown of law and order, as no breach of peace was shown, only dissatisfaction by witnesses.
It added that the Attorney-General’s powers to institute criminal cases cannot be exercised in a prejudicial and oppressive manner, and that the Penal Code, Administration of Criminal Justice Act, ACJA and Cybercrime laws were not enacted to protect individuals from uncomfortable statements.
Reacting, Senator Saraki said the judgement vindicates his belief that no one can muffle dissent, as he thanked the judiciary for defending justice, and described the administration’s oppressive tendencies as temporary, noting it has only seven months left in office.
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(Editor: Terverr Tyav)
