- Says it’s an abuse of court process, infringement of constitutional rights
In a unanimous decision, the Court of Appeal has dismissed the criminal defamation and cyberbullying case filed by the Kwara State Government against former Senate President, Dr. Abubakar Bukola Saraki, as the court declared that the charge and the evidence produced, disclosed no offence committed by the appellant.
In a judgement read by Hon.Justice Ridwan Maiwada Abdullahi on behalf of his two brother judges, Hon. Justice Gabriel Omoniyi Kolawole and Hon. Justice Abdu Dogo, the appellate court held that there was nothing in the statement by Dr. Saraki being complained of by Mr. Abdulrahman Abdulrazaq, Governor of Kwara State, was capable of inciting violence in any part of Kwara 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 added 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 judgement can 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, signed by his Press Officer on Local Matters, Abdulganiyu Abdulqadir, Dr. Saraki noted that he has 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.
He also expressed his gratitude to the judiciary for once again standing for the truth and defending the cause of justice.
Dr. Saraki also wants his supporters to know that Mr. Abdulrahman Abdulrazaq’s oppressive tendencies are mere inconveniences that will soon blow away. 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.
Dr. Saraki noted that 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.
