The Kwara State Government has suffered a legal setback after the Court of Appeal dismissed a criminal defamation and cyberbullying case instituted against former Senate President, Dr. Abubakar Bukola Saraki, barely 24 hours after the state’s Attorney General and Commissioner for Justice, Ibrahim Senior Suleiman, was elevated to the rank of Senior Advocate of Nigeria (SAN).
The development comes amid reports that Governor AbdulRahman AbdulRazaq criticised a former Attorney General of the state, Salman Jawondo, SAN, over his alleged inability to secure favourable judgments for the government while in office.
AbdulRazaq reportedly made the remarks on Monday at a dinner organised in Abuja to celebrate Suleiman’s elevation to the Inner Bar.
The timing of the appellate court’s decision has drawn attention to the administration’s litigation record, particularly following the reported comments about Jawondo, who served as Attorney General before Suleiman assumed office.
In a unanimous judgment, the Court of Appeal dismissed the criminal defamation and cyberbullying case against Saraki, holding that the charges and evidence presented by the state government did not disclose a criminal offence.
The judgment was delivered by Justice Ridwan Maiwada Abdullahi on behalf of Justices Gabriel Omoniyi Kolawole and Abdu Dogo.
The court held that Saraki’s statements about the Governor were incapable of inciting violence or causing a breakdown of law and order in Kwara State.
The case stemmed from allegations by Saraki that AbdulRazaq had not completed his secondary school education and that his educational background was affecting his judgment in governing the state.
However, the appellate court found that the prosecution had failed to demonstrate how the former Senate President’s statements constituted a criminal offence.
The justices noted that none of the witnesses presented by the state government established that Saraki’s comments had resulted in violence, public disorder or any breach of the peace.
According to the court, the witnesses merely expressed displeasure with the former Senate President’s remarks.
The appellate court further held that criminal laws should not be used to shield political officeholders from statements they consider offensive or embarrassing.
It also cautioned that the extensive prosecutorial powers vested in Attorneys General must not be exercised oppressively or used to violate citizens’ fundamental rights.
Consequently, the court set aside the criminal proceedings instituted against Saraki before the Kwara State High Court, describing the prosecution as an abuse of court process and an infringement of constitutional rights.
Judgment Follows Governor’s Reported Criticism of Former AG
The ruling has renewed attention to the AbdulRazaq administration’s handling of politically sensitive cases, particularly in light of the Governor’s reported comments about Jawondo’s courtroom record.
At Monday’s reception in Abuja, AbdulRazaq reportedly questioned Jawondo’s ability to win cases for the government during his tenure as Attorney General.
The latest judgment, however, went against the state government in a case that was initiated before Suleiman’s elevation to the rank of SAN.
Although the timing has created an apparent coincidence, the appellate court’s decision should not be interpreted as a personal legal defeat for Suleiman, who inherited the office after the case had commenced.
Saraki Reacts to Court Victory
Reacting to the judgment, Saraki said the decision had vindicated his position that political opposition should not be silenced through criminal prosecution.
In a statement issued by his Press Officer on Local Matters, Abdulganiyu Abdulqadir, the former Senate President accused the AbdulRazaq administration of attempting to suppress dissent.
Saraki maintained that he would not be intimidated into silence and said he remained prepared to repeat his position on the Governor’s educational qualifications whenever issues of public interest demanded it.
He also commended the judiciary for what he described as its defence of constitutional rights against the oppressive tendencies of the state government.
The Kwara State Government had not publicly responded to the appellate court’s decision at the time of filing this report.
