The Court of Appeal sitting in Ilorin has dismissed the criminal defamation and cyberbullying case instituted by the Kwara State Government against former Senate President, Bukola Saraki.
It ruled that the charge and evidence presented by the prosecution failed to establish any criminal offence against him.
The appellate court held that the statement by Saraki questioning Governor AbdulRahman AbdulRazaq’s educational qualifications and judgment was not capable of inciting violence or causing a breakdown of law and order in any part of the state.
The judgment, delivered on Tuesday, was read by Justice Ridwan Abdullahi on behalf of the other members of the panel, Justices Gabriel Omoniyi Kolawole and Abdu Dogo.
In its findings, the court faulted the prosecution’s evidence, saying the statements made by witnesses did not establish that Saraki’s comments had resulted in any breach of the peace.
The court observed that the evidence merely indicated that the witnesses were dissatisfied with the former Senate president’s statement, rather than demonstrating that it had triggered violence or threatened public order.
The judge said, “There was nothing in the statement by Dr Saraki being complained of by Mr AbdulRahman AbdulRazaq, Governor of Kwara State, that was capable of inciting violence in any part of Kwara State or moving anybody to resort to the breakdown of law and order.”
The court further held that the laws cited in the charge, including the Administration of Criminal Justice Act, the Kwara State Penal Code Law and the relevant cybercrime and cyberbullying provisions, were not enacted to shield individuals from statements they found offensive or uncomfortable.
The judge noted that the purpose of criminal legislation was not to provide a means of prosecuting people merely because their comments displeased those being criticised.
“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,” the court said.
The appellate court also addressed the limits of prosecutorial powers, stressing that although the Attorneys-General of the federation and states have broad authority to institute criminal proceedings, such powers must be exercised within the confines of the law.
The judge warned that the powers could not be deployed in a manner that prejudiced or oppressed an individual or violated the fundamental human rights of citizens.
He said the authority to prosecute criminal cases should not be exercised in a manner that undermines the rights the law is meant to protect.
The court consequently ordered that the case instituted against Saraki at the Kwara State High Court could not be sustained, holding that the charge failed to disclose an offence or establish the statutory ingredients required to substantiate the allegations against him.
The case arose from a statement published by Saraki on social media and in a newspaper on April 17, 2026, in which he alleged that AbdulRazaq had not completed secondary school and that his level of education was affecting his judgment.
The state government subsequently accused the former Senate president of criminal defamation and cyberbullying, arguing that the publication was capable of causing a breakdown of public peace.
Saraki challenged the proceedings, maintaining that his comments fell within the exercise of his right to freedom of expression and constituted a response to issues of public interest.
Reacting to the appellate court’s decision, Saraki said the judgment had reaffirmed his belief that political power should not be used to suppress dissent.
He said, “Nobody, no matter how powerful, can successfully muffle the voice of dissent, particularly when those in government fail in their responsibility to the people.”
The former Senate president expressed appreciation to the judiciary, saying he was grateful that the courts had continued to uphold justice and defend the truth.
He also maintained that the ruling would not deter him from commenting on matters affecting the public, including questions surrounding the governor’s educational qualifications.
Saraki said he would not hesitate to restate his position if the need arose, adding that he would continue to speak whenever issues of public interest warranted his intervention.
The ruling concerns the criminal defamation and cyberbullying case arising from Saraki’s comments about the governor’s educational background.
It is separate from the 20-count case instituted by the state government against Saraki, former Governor Abdulfatah Ahmed and two former aides over allegations relating to the 2018 Offa robbery.
Saraki and the Peoples Democratic Party have described the separate Offa robbery-related prosecution as politically motivated, while the state government and the All Progressives Congress have defended it as a lawful prosecution arising from allegations linked to the robbery.