The Court of Appeal has dismissed the criminal defamation and cyberbullying case instituted by the Kwara State Government against former Senate President, Dr Abubakar Bukola Saraki, ruling that the charge and evidence presented failed to disclose any offence against him.

In a judgment delivered on Tuesday, a three-member panel comprising Justices Ridwan Maiwada Abdullahi, Gabriel Omoniyi Kolawole and Abdu Dogo held that the statement by Saraki, which prompted the case, was not shown to be capable of inciting violence or causing a breakdown of law and order in Kwara State.

The appellate court noted that the evidence and witness statements presented in support of the charge did not establish that Saraki’s comments had resulted in any breach of the peace.

Rather, the evidence merely indicated that some individuals were dissatisfied with his remarks.

The court maintained that the Administration of Criminal Justice Act, the Kwara State Penal Code and relevant cybercrime and cyberbullying laws were not enacted to protect individuals from statements simply because they found them offensive or uncomfortable.

It further held that although the attorneys-general of states and the federation possess broad powers to institute criminal proceedings, such powers must not be exercised in a manner that oppresses individuals or violates their fundamental human rights.

The case arose from Saraki’s allegation that Kwara State Governor Abdulrahman Abdulrazaq had not completed secondary education and that his educational background was affecting his judgment.

The appellate court held that the charge could not be sustained because it failed to disclose an offence or establish the statutory ingredients of the alleged offences.

Reacting to the judgment, Saraki said the decision had reaffirmed his belief that no individual, regardless of political power, could successfully suppress dissent, particularly when those in government failed to fulfil their responsibilities to the people.

He expressed appreciation to the judiciary for what he described as its commitment to truth and justice, adding that he would continue to speak on issues of public interest, including the governor’s educational background, whenever necessary.