Senior Advocate of Nigeria and human rights lawyer, Femi Falana, has advised the Senate President, Godswill Akpabio to sue the suspended Senator representing Kogi Central , Natasha Akpoti-Uduaghan, over alleged defamation.
The lawyer said this in a statement yesterday, following a petition that Akpabio submitted to the Inspector-General of Police, IGP, Kayode Egbetokun, over comments made by Akpoti-Uduaghan at a rally in Kogi State on April 1.
Akpabio had formally petitioned the police chief, seeking an investigation into the alleged assassination plot made against him by Akpoti-Uduaghan.
In a petition dated April 3, Akpabio denied the accusation and called for the prosecution of Akpoti-Uduaghan for criminal defamation.
In the petition also copied the Attorney General of the Federation,AGF, and Minister of Justice, Lateef Fagbemi, SAN, Akpabio urged the police to investigate and prosecute the Kogi Central senator for “criminal defamation, incitement, false accusation and conduct likely to cause a breach of the peace.”
However, Falana called on the former Ákwa Ibom State governor not to involve the police in “a clearly a politically motivated civil dispute.”
He said, “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 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.’
“In view of the above epochal words of the Court of Appeal, the Senate president should be advised to institute a libel suit in the appropriate High Court if he feels defamed by the statement credited to Senator Akpoti-Uduaghan at a political rally.”
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