APC chieftain Mustapha, brother arraigned over alleged defamation of Kwara Governor
The Kwara State High Court sitting in Ilorin on Monday, granted bail in the sum of N5 million to an All Progressives Congress (APC) chieftain, Hon. Mashood Mustapha. Mustapha, a former House of Representatives member, was arraigned with his brother, Bolakale Mustapha, in a case involving alleged defamation, perjury, and incitement against Governor AbdulRahman AbdulRazaq. […]
The Kwara State High Court sitting in Ilorin on Monday, granted bail in the sum of N5 million to an All Progressives Congress (APC) chieftain, Hon. Mashood Mustapha.
Mustapha, a former House of Representatives member, was arraigned with his brother, Bolakale Mustapha, in a case involving alleged defamation, perjury, and incitement against Governor AbdulRahman AbdulRazaq.
The duo was arraigned before Justice Abdulmahmud Gafar on a five-count charge filed by “The People of Kwara State” listed as defendants
The case numbered KWS/85C/2025 also listed the special adviser to the governor on new media, Fafoluyi Olayinka and three others as witnesses
The charges border on alleged defamation of the governor, filing of a false suit, and publication of material deemed capable of breaching public peace.
According to the charge, the defendants allegedly published a five-minute, forty-one-second video online, said to contain abusive and derogatory language directed at the governor.
Bolakale, the first defendant, was further alleged to have instituted a suit at the Federal High Court containing false claims against the governor.
During Monday’s proceedings, the prosecution, led by the Director of Public Prosecution (DPP), Ayoola Muhammed Akande, urged the court to remand the defendants in correctional custody.
He submitted that the bail application was not ripe for hearing and noted that one of the offences carries a maximum penalty of 14 years’ imprisonment.
However, counsel to the defendants, Kayode Olatoke and Moses Ebute, both Senior Advocates of Nigeria (SAN), in their respective submissions, urged the court to grant the accused bail, arguing that the offences were bailable.
They told the court their clients are prominent citizens and were prepared to provide reliable sureties.
In his ruling, Justice Gafar held that the offences were bailable and granted each defendant bail in the sum of N5 million, with one surety in like sum.
The matter was adjourned to July 18 for further hearing.
Speaking after the court session, counsel to the second defendant, Moses Ebute SAN, expressed satisfaction with the ruling.
“Ordinarily, the case is a bailable offence and the Honourable Judge, in his wisdom, has graciously granted our client bail with conditions now being fulfilled.
Although we indicated readiness to proceed with trial today, the prosecution sought an adjournment, possibly to put their house in order. We shall return on the 18th of July to commence the trial,” he stated.
Daily Trust reports that the second defendant, Moshood Mustapha, who served in the House of Representatives under the PDP, is now a member of the ruling APC.
He has, however, since fallen out with the governor, a development that has led to sharp disagreement between the duo.
The courtroom and surroundings were filled with people who thronged to court to witness the arraignment of politician cum businessman and his brother.
Inside the five count charge
COUNT ONE:-
That you Bolakale Mustapha and Moshood Mustapha sometime in October, 2024 at Ilorin, Kwara State within the jurisdiction of this Honourable Court conspired amongst yourselves to commit an illegal act, to wit; you conspired to release, upload and publish videos which is likely to cause a breach of peace or disturb the public peace and you thereby committed an offence punishable under Section 97 of the Penal Code, CAP. P4, Laws of Kwara State.
COUNT TWO:-
That you Bolakale Mustapha and Moshood Mustapha sometimes in October, 2024 at Ilorin, Kwara State within the jurisdiction of this Honourable Court committed an illegal act, to wit; you released, uploaded and published videos which is likely to cause a breach of peace or disturb the public peace and you thereby committed an offence punishable under Section 114 of the Penal Code, CAP. P4, Laws of Kwara State.
COUNT THREE:-
That you Bolakale Mustapha on or about 29th October, 2024 at Ilorin, Kwara State within the jurisdiction of this Honourable Court committed an illegal act, to wit; you made false declaration that one Moshood Mustapha filed an action against the Governor of Kwara State in Suit No. KWS/59/2024 which is pending before the Kwara State High Court which you knew or ought to have known to be false and you thereby committed an offence punishable under Section 158 of the Penal Code, CAP. P4, Laws of Kwara State.
COUNT FOUR:-
That you Moshood Mustapha on or about 6th October, 2024 at Ilorin, Kwara State within the jurisdiction of this Honourable Court committed an illegal act, to wit; you produced, uploaded and shared five (5) minutes, forty-one (41) seconds video clip containing insulting, derogatory and abusive language against the Governor of Kwara State, Mallam Abdulrahman AbdulRazaq in a manner to incite the public against the Kwara State Government, and likely to cause breakdown of public peace in Kwara State and you thereby committed an offence punishable under Section 399 of the Penal Code, CAP. P4, Laws of Kwara State.
COUNT FIVE:-
That you Moshood Mustapha sometimes in October, 2024 at Ilorin, Kwara State within the jurisdiction of this Honourable Court committed an illegal act, to wit; you released, uploaded and circulated five (5) minutes, twenty-six (26) seconds video clip with insulting, derogatory and abusive language against the Governor of Kwara State, Mallam Abdulrahman AbdulRazaq, in a manner to incite the public against the Kwara State Government, and likely to cause breakdown of public peace in Kwara State and you thereby committed an offence punishable under Section 399 of the Penal Code, CAP. P4, Laws of Kwara State.