The Court of Appeal sitting in Ilorin, Kwara State, has dismissed the criminal defamation and cyberbullying case instituted by the state government against former Senate President Bukola Saraki over his comments on Governor AbdulRahman AbdulRazaq’s educational qualifications.
In its judgment delivered on Tuesday, the appellate court held that the prosecution failed to establish the ingredients of any criminal offence against Saraki.
The court ruled that the former Senate president’s comments were not capable of inciting violence or triggering a breakdown of law and order in any part of the state.
The judgment was read by Justice Ridwan Abdullahi on behalf of the panel, which included Justices Gabriel Omoniyi Kolawole and Abdu Dogo.
Faulting the prosecution’s evidence, the court said the witnesses merely expressed dissatisfaction with Saraki’s comments but failed to show that the publication had caused violence or disturbed public peace.
“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 also rejected the argument that the laws cited in the charge, including the Administration of Criminal Justice Act, the Kwara State Penal Code and relevant cybercrime provisions, could be used to shield public officials from criticism.
According to the court, the laws were not enacted to protect individuals from statements they found offensive or uncomfortable.
It further warned that prosecutorial powers must be exercised within the confines of the law and should not be used to oppress citizens, undermine their fundamental rights or suppress dissent.
The court consequently held that the case against Saraki at the Kwara State High Court could not stand because the charge failed to disclose an offence or establish the statutory requirements needed to sustain the allegations.
The dispute followed a statement published by Saraki on social media and in a newspaper on April 17, 2026, in which he alleged that AbdulRazaq had not completed secondary school and questioned the effect of the governor’s educational background on his judgment.
The Kwara State Government subsequently accused Saraki of criminal defamation and cyberbullying, arguing that the publication was capable of disturbing public peace.
Saraki challenged the prosecution, maintaining that his comments were part of his right to freedom of expression and concerned issues of public interest.
Reacting to the ruling, the former Senate president said the decision had reinforced his conviction that political power should not be used to silence opposing 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.
Saraki thanked the judiciary for upholding justice and defending the truth, adding that the ruling would not stop him from speaking on matters affecting the public.
He also maintained that he would restate his position on the governor’s educational qualifications if the need arose.
However, the ruling concerns only the criminal defamation and cyberbullying case arising from Saraki’s comments about AbdulRazaq.
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 linked to the 2018 Offa robbery.
Saraki and the Peoples Democratic Party have described the separate prosecution as politically motivated, while the state government and the All Progressives Congress have defended it as a lawful process arising from allegations connected to the robbery.
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