Akpabio, right, and Natasha

Femi Falana

In his petition addressed to the Inspector-General of Police, Dr. Kayode Egbetokun, the Senate President, Senator Godswill Akpabio, alleged that Senator Natasha Akpoti-Uduaghan defamed him concerning a statement recently made by her at a political rally. Senator Akpabio has therefore requested the Police Authorities to investigate and prosecute her for the offences of “criminal defamation, incitement, false accusation and conduct likely to cause a breach of the peace.”

In the said petition, Senator Akpabio, stated that the alleged defamatory statement is “entirely false, unfounded and politically motivated”. To that extent, the Nigeria Police Force should not be asked to criminalise a civil dispute that is “politically motivated”. In the case of Arthur Nwankwo v The State (1985) 5 NCLR 228 at 253, the Court of Appeal cautioned public officers to desist from using the machinery of the State to harass or intimidate their political opponents. In particular, Olajide Olatawura JCA (as he then was and of blessed memory) held as follows:

“Let us not diminish from the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose. The decision of the founding fathers of this present Constitution which guarantees freedom of speech which must include treedom to criticise should be praised and any attempt to derogate from it except as provided by the Constitution must be resisted. Those in public office should not be intolerant of criticism. Where a writer exceeds the bounds, there should be a resort to the law of libel where the plaintiff must of necessity put his character and reputation in issue”

In view of the above epochal words of the Court of Appeal, the Senate President, Senator Godswill Akpabio should be advised to institute a libel suit in the appropriate High Court if he feels defamed by the statement credited to Senator Natasha Akpoti-Uduaghan at a political rally.

Femi Falana, SAN, is a human rights activist