THE Court of Appeal has dismissed the criminal defamation and cyberbullying case instituted by the Kwara State Government against former Senate President, Dr. Abubakar Bukola Saraki, ruling that the charge and evidence presented disclosed no offence committed by the appellant.
News Point Nigeria reports that, in a judgment read by Justice Ridwan Maiwada Abdullahi on behalf of two other justices, Gabriel Omoniyi Kolawole and Abdu Dogo, the appellate court held that nothing in Saraki’s statement, which was the subject of the complaint by Kwara State Governor Abdulrahman Abdulrazaq, was capable of inciting violence in any part of the state or prompting anyone to resort to a breakdown of law and order.
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The judge noted that the evidence and witness statements presented in support of the charge did not establish that Saraki’s statement had led to any breach of the peace in the state. Rather, they merely showed that those who testified were dissatisfied with the statement.
He added that the Administration of Criminal Justice Act, the Penal Code Law of Kwara State, and the laws on cybercrime and cyberbullying were not enacted to protect individuals against statements with which they were uncomfortable.
The judge further observed that although state and federal attorneys-general have wide powers to institute criminal proceedings, such powers cannot be exercised in a manner that is prejudicial or oppressive to any individual or violates the fundamental human rights of citizens.
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Consequently, the appellate court ordered that the case instituted against Saraki at the Kwara State High Court over his statement concerning Governor Abdulrazaq could not be sustained, as it disclosed no offence and failed to establish any statutory ingredient of the offence with which he was charged.
Saraki had alleged that Abdulrazaq did not complete secondary education and that the governor’s level of education was affecting his judgment.
Reacting to the judgment, Saraki said he had once again been vindicated in his firm belief that nobody, regardless of how powerful they might be, could successfully silence the voice of dissent, particularly when those in government failed in their responsibility to the people.
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He also expressed gratitude to the judiciary for once again standing for the truth and defending the cause of justice.
Saraki noted that, if the need arose, he would not hesitate to reiterate his position on Abdulrazaq’s level of education. He added that he would not remain silent when issues of public interest arose that deserved his comment.
