Court of Appeal Dismisses Kwara Government’s Criminal Defamation Case Against Bukola Saraki

The Court of Appeal sitting in Ilorin has dismissed the criminal defamation and cyberbullying case instituted by the Kwara State Government against former Senate President Bukola Saraki, ruling that the prosecution failed to establish the elements of a criminal offence against him.

In its judgment delivered on Tuesday, the appellate court held that Saraki’s comments questioning Governor AbdulRahman AbdulRazaq’s educational qualifications and judgment were not capable of inciting violence or causing a breakdown of law and order in the state.

The judgment was read by Justice Ridwan Abdullahi on behalf of the three-member panel, which also comprised Justices Gabriel Omoniyi Kolawole and Abdu Dogo.

In its findings, the court faulted the prosecution’s evidence, noting that the testimonies presented by its witnesses failed to establish that Saraki’s statements had resulted in any breach of the peace.

According to the court, the evidence merely showed that the witnesses were displeased with the former Senate president’s comments rather than demonstrating that the statements had triggered violence or threatened public order.

“There was nothing in the statement by Dr Saraki being complained of by Mr AbdulRahman AbdulRazaq, Governor of Kwara State, that was capable of inciting violence in any part of Kwara State or moving anybody to resort to the breakdown of law and order,” the court held.

The appellate court further ruled that the laws cited in the charge, including the Administration of Criminal Justice Act, the Kwara State Penal Code Law and relevant cybercrime and cyberbullying provisions, were not intended to protect individuals from statements they found offensive or uncomfortable.

“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,” the court stated.

The court also addressed the exercise of prosecutorial powers by the Attorneys-General of the federation and states, emphasising that such authority must be exercised within the confines of the law and in accordance with constitutional safeguards.

It warned that prosecutorial powers must not be used to oppress individuals, prejudice their interests or violate their fundamental human rights.

Consequently, the court held that the case instituted against Saraki at the Kwara State High Court could not be sustained, as the charge failed to disclose a criminal offence or establish the statutory requirements necessary to substantiate the allegations.

The case originated from a statement published by Saraki on social media and in a newspaper on April 17, 2026, in which he alleged that Governor AbdulRazaq had not completed secondary school and suggested that the governor’s educational background was affecting his judgment.

The Kwara State Government subsequently accused the former Senate president of criminal defamation and cyberbullying, arguing that the publication was capable of causing a breakdown of public peace.

Saraki challenged the proceedings, maintaining that his comments were protected by his right to freedom of expression and formed part of his response to issues of public interest.

Reacting to the ruling, Saraki said the decision had reinforced his belief that political power should not be used to suppress dissenting voices.

“Nobody, no matter how powerful, can successfully muffle the voice of dissent, particularly when those in government fail in their responsibility to the people,” he said.

The former Senate president expressed appreciation to the judiciary, saying he was grateful that the courts continued to uphold justice and defend the truth.

He also maintained that the judgment would not discourage him from speaking on matters affecting the public, including questions surrounding the governor’s educational qualifications. Saraki added that he remained willing to restate his position whenever necessary in the interest of public discourse.

The ruling relates specifically to the criminal defamation and cyberbullying case arising from Saraki’s comments about the governor’s educational background.

It is separate from the 20-count case instituted by the state government against Saraki, former Governor Abdulfatah Ahmed and two former aides over allegations connected to the 2018 Offa robbery.

Saraki and the Peoples Democratic Party (PDP) have described the separate Offa robbery-related prosecution as politically motivated, while the state government and the All Progressives Congress (APC) have defended it as a lawful prosecution arising from allegations linked to the robbery.