Femi Falana, a prominent human rights lawyer and Senior Advocate of Nigeria (SAN), has advised Senate President Godswill Akpabio against involving the police in his ongoing dispute with Senator Natasha Akpoti-Uduaghan, who represents Kogi Central.
Falana’s warning comes in response to Akpabio’s petition to Inspector-General of Police Kayode Egbetokun, in which he accused Akpoti-Uduaghan of defamation.
Akpabio is seeking the prosecution of the Kogi Central senator for comments she allegedly made during a political rally. He contends that Akpoti-Uduaghan’s allegations of an assassination plot are “entirely false, unfounded and politically motivated,” and has called for an investigation and prosecution for “criminal defamation, incitement, false accusation, and conduct likely to cause a breach of the peace.”
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However, Falana, in a statement released on Friday, argued that the dispute is civil in nature and should not be treated as a criminal matter.
Referencing the 1985 Court of Appeal judgment in Arthur Nwankwo v The State, Falana asserted that public officials must refrain from using state resources to harass or intimidate political opponents.
Quoting the late Justice Olajide Olatawura, Falana said: “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 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.”
Falana urged Akpabio to seek legal recourse through a civil libel lawsuit in a court of law, rather than pursuing criminal prosecution. He argued that the latter could be construed as an abuse of power.
The Senior Advocate of Nigeria stressed the importance of protecting the freedom of expression guaranteed by the Constitution, especially in the context of political debate.
He warned against the erosion of civil liberties through the use of police intervention in political disputes.
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