The Court of Appeal sitting in Ilorin on Tuesday dismissed the criminal defamation and cyberbullying charge brought by the Kwara State Government against former Senate President Bukola Saraki, ruling that the prosecution failed to establish any criminal offence. The appellate court held that Saraki's comments questioning Governor AbdulRahman AbdulRazaq's educational qualifications did not meet the legal threshold for criminal charges.
Judgment Details and Court's Reasoning
Justice Ridwan Abdullahi delivered the judgment on behalf of his colleagues, Justices Gabriel Omoniyi Kolawole and Abdu Dogo. The court found that witnesses who testified for the prosecution had only expressed displeasure at Saraki's remarks rather than showing that those remarks had triggered any breach of the peace or threat to public order. The court held that Saraki's comments could not reasonably be said to be capable of inciting violence or causing a breakdown of law and order.
The court further noted that the laws cited by the prosecution, including the Administration of Criminal Justice Act, the Kwara State Penal Code Law, and relevant cybercrime and cyberbullying provisions, were not designed to protect individuals from statements they simply found offensive. The judge made clear that criminal legislation does not exist to shield public officials from criticism.
Prosecutorial Authority and Fundamental Rights
According to The Punch, the panel also addressed the scope of prosecutorial authority, warning that while Attorneys-General at both federal and state levels hold broad powers to institute criminal proceedings, those powers must operate within the law. The court stressed that prosecutorial discretion cannot be used in ways that oppress individuals or violate their fundamental rights.
The legal dispute began after Saraki published a statement on social media and in a newspaper on April 17, 2026, alleging that Governor AbdulRazaq had not completed secondary school and that his educational background was affecting his judgement. The Kwara State Government responded by filing criminal defamation and cyberbullying charges, arguing that the publication risked causing a breakdown of public peace.
Saraki's Reaction and Next Steps
Following the verdict, Saraki said the judgment reaffirmed his conviction that political power must not be used to silence dissent. He expressed appreciation to the judiciary for what he described as a continued commitment to upholding justice. The former Senate president also made clear that the ruling would not stop him from speaking on matters affecting the public, including questions about the governor's educational qualifications.
Saraki had challenged the proceedings throughout, arguing that his remarks were a legitimate exercise of his right to freedom of expression and addressed matters of genuine public concern. The ruling now sets a precedent that public officials cannot use criminal defamation laws to suppress criticism, and Saraki remains free to continue his commentary on governance issues in Kwara State.
