…Says offence is triable by court
By Demola Akinyemi, Ilorin
A Kwara State High Court sitting in Ilorin has fixed July 22, 2026, for the arraignment of former Senate President, Dr. Bukola Saraki, over alleged defamatory statements against Kwara State Governor, AbdulRahman AbdulRazaq.
Justice M.O. Folorunsho, in a ruling on Friday, held that the alleged offence is triable by the court, adding that, “this court is blessed with territorial jurisdiction to hear this case.”
The Kwara State Government had instituted criminal defamation proceedings against Saraki over statements allegedly published on April 17, 2026, on social media and in newspapers.
According to the charge, Saraki allegedly published and shared statements containing insulting, derogatory and abusive language, claiming that Governor AbdulRazaq was not educated up to secondary school level.
The government alleged that Saraki knew or ought to have known the statements were false but intentionally published them in a manner intended to insult or provoke the governor and the Kwara State Government, an act it said was likely to cause a breakdown of public peace.
The offence is said to be punishable under Section 399 of the Penal Code, Cap. P4, Laws of Kwara State, 2006.
Counsel to Saraki, Jimoh Mumini (SAN), had filed a motion on notice seeking seven principal reliefs, bordering on improper service, lack of jurisdiction, abuse of court process and other grounds, arguing that the case was not triable before the state High Court.
Adopting the defendant’s written address, T.A. Ahmed, who represented Mumini, urged the court to dismiss the charge.
“Looking at the position of our address, we urge the court to decline jurisdiction on the matter,” he submitted.
Responding, prosecution counsel, Rafiu Balogun, told the court that the state had opposed the application by filing a counter-affidavit on June 11, 2026.
“I pray the court to dismiss the application of the defendant/applicant. The application is frivolous and incongruous,” Balogun said.
In his ruling, Justice Folorunsho resolved all seven reliefs sought by the defence in favour of the prosecution.
He held that the offence was triable by the court and reaffirmed that it had the territorial jurisdiction to entertain the matter.
The judge further stated that the allegation of criminal defamation against Saraki remained valid and subsisting.
On Saraki’s physical appearance in court for arraignment, Justice Folorunsho held that, by the provisions of Section 227(b), the court could dispense with the defendant’s physical presence in respect of interlocutory applications.
He added that the request to defer Saraki’s appearance and arraignment pending the determination of the application had become academic and was therefore refused.
According to the judge, “An appraisal of the charge sheet and the accompanying proof of evidence does not in any way suggest it is a politically motivated action.”
He concluded: “In view of the above, I hold that the objection of the defendant/applicant is without any iota of merit and it is accordingly hereby dismissed.”
Justice Folorunsho subsequently adjourned the matter to July 22, 2026, for Saraki’s arraignment.
