The Court of Appeal, Ilorin Division, has dismissed the criminal defamation and cyberbullying case filed by the Kwara State government against former Senate President, Dr Bukola Saraki.
The appellate court declared that the charge and the evidence produced disclosed no offence committed by the appellant.
In the judgment read by Justice Ridwan Maiwada Abdullah, the appellate court held that there was nothing in the statement by Saraki that the Kwara State governor, AbdulRahman AbdulRazaq, complained of.
The judge noted that the evidence and witnesses’ statements submitted 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 were 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 to protect individuals from statements they found uncomfortable.
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 to any individual or that violates the fundamental human rights of citizens.
The judge therefore ordered that the case instituted at the Kwara State High Court against Saraki over his statement in which he alleged that Governor AbdulRazaq did not complete secondary education and that his level of education is affecting his judgement 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 judgement, signed by his press officer on Local Matters, Abdulganiyu Abdulqadir, Saraki expressed gratitude to the judiciary for once again standing for the truth and defending the cause of justice.
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