Prominent human rights lawyer Femi Falana, SAN, has issued a firm warning to Senate President Godswill Akpabio over his decision to involve the Nigeria Police in a political dispute with Senator Natasha Akpoti-Uduaghan. Akpabio had petitioned the Inspector-General of Police, Kayode Egbetokun, accusing Akpoti-Uduaghan of defamation, false accusations, and incitement over comments she allegedly made during a political rally, particularly claims about an assassination plot.
Falana, however, described the matter as civil in nature, stating that resorting to criminal prosecution would be inappropriate and a misuse of state power. He cited the landmark 1985 Court of Appeal judgment in Arthur Nwankwo v The State, where the court underscored the importance of freedom of expression — particularly for public criticism of elected officials — as a cornerstone of democracy.
Quoting the late Justice Olajide Olatawura, Falana reinforced that public figures should not hide behind state power to suppress dissent or criticism, no matter how harsh:
“Let us not diminish from the freedom gained from our colonial masters by resorting to laws enacted by them to suit their purpose… Those in public office should not be intolerant of criticism.”
He advised Akpabio to file a libel suit if he feels wronged, rather than pushing for criminal charges, which could amount to an abuse of power and a threat to civil liberties. Falana stressed that the freedom of speech and political expression guaranteed by the Nigerian Constitution must be upheld, especially in a democratic environment where political dialogue — including harsh critique — is expected and protected.
This incident also touches on a larger and ongoing concern in Nigeria about the use of law enforcement agencies to intimidate political rivals, a tactic often criticized by civil society and legal experts. By invoking past judicial precedent and constitutional rights, Falana’s intervention is both a legal and political message aimed at preserving democratic norms and curbing the misuse of police power in partisan disputes.