Human rights lawyer Femi Falana, SAN, has cautioned the Senate President, Godswill Akpabio, against involving the police in the ongoing dispute between him and the senator representing Kogi Central, Natasha Akpoti-Uduaghan.
Falana gave the warning following a petition by Akpabio to the Inspector-General of Police, Kayode Egbetokun, in which he accused Akpoti-Uduaghan of defamation.
Akpabio is attempting to prosecute the Kogi Central senator for remarks she reportedly made at a campaign gathering.
The Senate President stated that Akpoti-Uduaghan’s claims of an assassination plot were “entirely false, unfounded and politically motivated”.
He called for an investigation and subsequent prosecution of the senator for “criminal defamation, incitement, false accusation, and conduct likely to cause a breach of the peace”.
Falana, in a statement made on Friday, maintained that the situation was civil and should not be criminalised.
Falana cited the 1985 Court of Appeal decision in Arthur Nwankwo v The State, stating that public officials must refrain from utilising state machinery to harass or intimidate political opponents.
Quoting the late Justice Olajide Olatawura, Falana said, “Let us not diminish 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 freedom 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.”
He urged Akpabio to seek remedy through a libel suit in a competent court rather than criminal prosecution, which he believes would be a misuse of power.
The Senior Advocate of Nigeria stated that the Constitution’s freedom of expression must be protected, particularly in political discourse, and warned against the loss of civil freedoms by police intervention in political disagreements.
