The Court of Appeal sitting in Ilorin, Kwara State, on Tuesday, October 13, dismissed the defamation and cyberbullying case filed by the state government against former Senate President, Dr. Bukola Saraki.
The court, in a unanimous judgment, declared that the charge and the evidence produced disclosed no offence committed by him.
In the judgment read by Justice Ridwan Maiwada Abdullahi on behalf of two other justices, Gabriel Omoniyi Kolawole and 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, that was capable of inciting violence in any part of the state or moving anybody to resort to the breakdown of law and order
The judge noted 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 also stated that while the Attorney General of a state and that of the federation have wide powers to institute criminal cases, such powers cannot be exercised in a manner that is 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 Dr. Saraki over his statement in which he alleged that Mr. Abdulrahman Abdulrazaq did not complete secondary education and that his level of education is affecting his judgment cannot 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 judgment, Saraki noted that he has once again been vindicated in his 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.
He also expressed his gratitude to the judiciary for once again standing for the truth and defending the cause of justice.
