Defamation Case: Court Rejects Saraki’s Objection, Orders Arraignment

Former Senate President, Bukola Saraki

Defamation Case: Court Rejects Saraki’s Objection, Orders Arraignment

A Kwara State High Court in Ilorin has dismissed a preliminary objection filed by former Senate President Dr. Bukola Saraki, clearing the way for his arraignment in a criminal defamation case instituted over alleged defamatory statements against Kwara State Governor AbdulRahman AbdulRazaq.

Justice M. O. Folorunsho delivered the ruling on Friday after considering arguments presented by both the defence and prosecution, holding that the court has the jurisdiction to hear the matter and that the charge before it discloses offences recognized under the laws of Kwara State.

The ruling marks a significant development in the legal dispute, which stems from allegations that Saraki made defamatory statements against Governor AbdulRazaq through posts published on his verified social media platforms.

During the proceedings, Saraki’s lead counsel, Jimoh Mumini (SAN), represented in court by T. A. Hammed, urged the court to decline jurisdiction, strike out the charge and terminate the criminal proceedings. The defence argued that the High Court lacked the legal authority to entertain the matter and questioned the competence of the charge brought against the former Senate President.

The prosecution team, led by Chief Rafiu Balogun (SAN) and Chief Taye Oniyinde (SAN), opposed the application, insisting that the court was properly constituted to hear the case. According to the prosecution, the charge discloses offences punishable under the Kwara State Penal Code, urging the court to dismiss the preliminary objection and allow the criminal proceedings to continue.

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In his ruling, Justice Folorunsho considered all 17 issues raised by the defence and found no merit in the application. “The preliminary objection lacks merit,” the judge ruled, dismissing every ground advanced by Saraki’s legal team. He further held that the alleged offences are triable before the court, affirming that the High Court possesses the territorial jurisdiction to hear the case. The judge also ruled that the charge sheet and proof of evidence presented by the prosecution disclose a prima facie case sufficient for the proceedings to continue.

During the hearing, the prosecution requested the issuance of a bench warrant against Saraki following his absence in court. However, Justice Folorunsho declined the request, holding that the defendant’s physical presence was not mandatory while the court was determining interlocutory applications. The judge subsequently directed Saraki to appear before the court on July 22, 2026, for his formal arraignment and to enter his plea.

The criminal charge is based on an alleged social media publication made by Saraki on April 17, 2026, in which he reportedly claimed that Governor AbdulRazaq did not possess a Secondary School Certificate—a constitutional qualification required for anyone seeking election as governor. According to the prosecution, the statements were subsequently republished by several national newspapers, giving them wider circulation.

Prosecutors allege that the publication was false, defamatory and capable of damaging the governor’s reputation while also creating tension that could lead to a breach of public peace. The alleged offence is said to be punishable under Section 399 of the Kwara State Penal Code, Cap. P4, Laws of Kwara State, 2006.

Following the ruling, Saraki announced plans to challenge the decision. In a statement issued through his media office, the former Senate President disclosed that he had instructed his legal team to immediately file an appeal against the High Court’s decision on jurisdiction. Saraki maintained that jurisdiction is a fundamental issue that should be conclusively determined before any criminal trial proceeds.

He also expressed confidence in Nigeria’s judicial process and urged his supporters to remain calm while the legal process runs its course.

With the preliminary objection dismissed, attention now shifts to July 22, 2026, when Saraki is expected to appear before the Kwara State High Court for his formal arraignment. At the hearing, he is expected to enter his plea, after which the court will determine the timetable for the substantive hearing of the alleged criminal defamation case.

The proceedings are being closely watched because they involve two of Kwara State’s most prominent political figures and could have wider political and legal implications ahead of future electoral contests.