Court Dismisses Bid To Remand Journalist, Two Activists, Throws Out Bench Warrant Request By Kwara State Govt

Ilorin,  Kwara State– The Kwara State High Court has refused an application for a bench warrant sought by the Director of Public Prosecution (DPP) on behalf of Abubakar Sadiq Buhari, Special Adviser to the Kwara State Governor on Social Investment, in a case involving publisher of Afrika Eyes and investigative journalist Buhari Olanrewaju Ahmed and two activists, Comrade Saliu Bolakale and Saidu Musa.

The three are facing allegations of defamation and injurious falsehood after they publicly condemned the violent attack on peaceful protesters in Ilorin.

Drama unfolded in the courtroom when the Director of Public Prosecution Kwara State Ministry of Justice Mr. Ayoola Idowu Akande insisted that the defendants had been duly served with court processes and should therefore be arrested for failing to appear.

However, the charge purportedly served on the journalist and activists contained no court name, no suit number, and no hearing date—a fundamental defect that rendered the service invalid.

Despite the DPP’s insistence, defense counsel Taofiq Olateju, who was in court for another matter, rose to announce his appearance and challenged the prosecution’s claim.

Olateju told the court that what the defendants received was “a charge that bears no date or even indicating the court handling the matter. The the application for bench warrant against the defendants is an ambush to keep them behind the bar which will occasion a miscarriage of justice”

While delivering his ruling, the judge—agreed that there was no logical way for the journalist and activists to know where or when to appear since the prosecution failed to include basic details on the charge sheet.

The court further held that the prosecution had not demonstrated that proper service was carried out, and therefore the request for a bench warrant was unjustified.

In a ruling that countered the prosecution’s move to detain the defendants, the court dismissed and refused the DPP’s application for a bench warrant to arrest and remand Buhari Olanrewaju Ahmed, Comrade Saliu Bolakale, and Saidu Musa.

The DPP also confirmed later in court that the court has done justice in refusing his application after the ruling was delivered. In his words “this is justice”

The matter was subsequently adjourned to February 5, 2026 for arraignment.

On October 13, 2025, Afrika Eyes reported the Kwara State Magistrate Court sitting in Ilorin has struck out the defamation and cyberstalking case filed Ahmed along with two activists — Comrade Bolakale and Musa.

This was after the state government was accused of attempting to abuse court processes by seeking an adjournment despite having filed the same case at the State High Court.

The prosecutor representing the Kwara State Government, Supo Mathew, on Monday, urged Magistrate Jimada to adjourn the matter for further hearing, even though the magistrate court lacked the jurisdiction to entertain and determine the allegations against the defendants.

Reacting to the prosecutor’s submission, counsel to the defendants, Taofiq Olateju, argued that the prosecution’s actions amounted to a clear case of abuse of court processes.

He reminded the court that an earlier application had been made under Section 302 of the Administration of Criminal Justice Law (ACJL) of Kwara State, 2018, compelling the Attorney General and/or the Commissioner of Police to appear before the court and show cause why the charges should not be dismissed.

Olateju stressed that it was wrong for the government to duplicate charges in two different courts simultaneously, describing the move as an attempt to intimidate and frustrate the defendants.

After listening to the arguments, Magistrate Jimada agreed with the defence counsel and ruled that since the same case had already been filed before the Kwara State High Court, the magistrate court could no longer entertain it.

However, he consequently struck out the case, citing lack of jurisdiction and the need to avoid duplication of proceedings.

Speaking to journalists after the ruling, Olateju commended Magistrate Jimada for his courage and commitment to upholding justice despite political pressure.

He accused the Kwara State Government of wasting taxpayers’ money on frivolous and vindictive cases meant to silence journalists and human rights activists.

Olateju praised the court for standing on the side of justice and fairness, describing the ruling as a victory for press freedom and the rule of law.

He further expressed hope that the government would learn from the outcome and desist from using state resources to persecute citizens who hold dissenting views.

“We appreciate the court for its uprightness and pray that God continues to strengthen Magistrate Jimada for allowing justice to prevail,” Olateju said