Appeal Court quashes case against Saraki as abuse of process

Former President of the Senate, Abubakar Bukola Saraki

In a unanimous decision, the Court of Appeal has dismissed the Kwara State Government’s criminal defamation and cyberbullying case against the former Senate President, Dr Bukola Saraki, declaring that the charge and the evidence produced disclosed no offence by the appellant.

In a judgment read by Justice Ridwan Abdullahi on behalf of himself and Justices Gabriel Kolawole and Abdu Dogo, the court held that Saraki’s statement has nothing about which Governor Abdulrahman Abdulrazaq complained could incite violence in any part of Kwara, or cause the breakdown of law and order.

The judges 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 but merely showed that those who testified felt dissatisfied with the statement.

They further stressed 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.

Also, the court held that, while a state attorney-general and that of the federation have wide powers to institute criminal cases, such powers cannot be exercised in a manner prejudicial and oppressive to any individual, or to violate the fundamental human rights of citizens.

Consequently, the judges ordered that the case instituted at the Kwara State High Court against Saraki over his allegation that Abdulrazaq did not complete secondary education, and that his level of education was affecting his judgement, cannot be sustained.

Reacting to the judgement, Saraki said he has once again been vindicated that nobody can successfully muffle the voice of dissent, particularly when those in government fail in their responsibility to the people.

He insisted that if the need arises, he will reiterate his position on Abdulrazaq’s level of education, adding that he would not keep quiet when issues of public interest deserve his comment.