Appeal Court Quashes Free Speech Case Against Saraki

The Court of Appeal sitting in Ilorin, the Kwara State capital, yesterday, dismissed the criminal defamation and cyberbullying case filed by Kwara State Government against former Senate President, Dr. Bukola Saraki.

The court, in its unanimous decision, also declared that the charge and the evidence produced disclosed no offence committed by Saraki.

In a judgement read by Hon. Justice Ridwan Maiwada Abdullahi on behalf of two other judges, Hon. Justice Gabriel Omoniyi Kolawole and Hon. Justice Abdu Dogo, the appellate court held that there was nothing in the statement by Saraki being complained of by Mr. Abdulrahman Abdulrazaq, Governor of Kwara State, capable of inciting violence in any part of Kwara State or moving anybody to resort to the breakdown of law and order

The judge stated that all the evidence and witnesses’ statements supplied in support of the charge did not disclose 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.

He added that while the attorney general of a state and that of the federation had wide powers to institute criminal cases, such powers could not be exercised in a manner prejudicial and oppressive of any individual or to violate the fundamental human rights of citizens.

The judge, therefore, ordered that the case instituted at the Kwara State High Court against Saraki over his statement in which he alleged that Abdulrazaq did not complete secondary education and that his level of education was affecting his judgment, could not be sustained, having not disclosed any offence or included any statutory ingredient of the offence he was being charged for.

In his reaction to the judgement, Saraki’s Press Officer on Local Matters, Abdulganiyu Abdulqadir, quoted his principal as stating that he had once again been vindicated in his unflinching belief that nobody, no matter how powerful, can successfully muffle the voice of dissent, particularly, when those in government fail in their responsibility to the people.

Saraki also expressed his gratitude to the judiciary for once again standing for the truth and defending the cause of justice.

He said he wanted his supporters to know that Abdulrazaq’s oppressive tendencies were mere inconveniences that would soon blow away.

The former senate president stated, “This is because the administration has only seven months to stay in office, and the tendency that it represents will be totally eradicated in Kwara State by the people.

“If the need arises, he will not hesitate to reiterate his position on the level of education of Governor Abdulrazaq and that he will not keep quiet when there are issues of public interest that deserve his comment.”