A High Court of the Federal Capital Territory, sitting in Maitama, on Monday fixed December 1 for the hearing of a preliminary objection filed by the embattled Senator representing Kogi Central, Natasha Akpoti-Uduaghan, to challenge the defamation charge instituted against her by the Federal Government.
In the case with the reference number CR/297/25, the Federal Government alleged that the defendant, who had earlier received a six-month suspension from the Senate, made false and defamatory statements during her appearance as a guest on a live television programme.
It specifically accused Senator Akpoti-Uduaghan of making false claims that damaged the reputation of both the Senate President, Godswill Akpabio, and a former Governor of Kogi State, Yahaya Bello.
Providing details of the offence in the first count of the charge, the Federal Government informed the court that the defendant committed the alleged act on April 3 during a live broadcast of Channels Television’s Politics Today, where she claimed that some politicians, including Akpabio and Bello, were plotting to assassinate her.
According to the Federal Government, the defendant’s statement constituted an offence under Section 391 of the Penal Code, Cap 89, Laws of the Federation, 1990, which is punishable under Section 392 of the same law.
At the resumed hearing on Monday, the lawmaker, who had already pleaded not guilty to the three-count charge against her, questioned the court’s jurisdiction to proceed with her trial.
Through her legal team led by Mr Ehiogie West-Idahosa, SAN, she urged the court to suspend the commencement of a full trial until the preliminary objection is determined.
The defence counsel informed the court that the objection was based on the argument that “there has been abuse of prosecutorial powers” by the Attorney-General of the Federation, a situation which he said deprived the court of the jurisdiction to hear the case as filed.
“This is not a challenge to the counts or elements of the offence, but a challenge to the validity of the action itself,” the lawyer stated.
“Assuming the court agrees with us, there will be no need to proceed with the trial.
“This is a threshold matter,” Idahosa, SAN, maintained, adding that the proof of evidence served by the prosecution on the defendant did not include the full extra-judicial statements of the intended witnesses.
“What was frontloaded were mere summaries. We want to know what each person said. We are entitled to full disclosure as part of the facilities we are entitled to be provided with to prepare our defence,” Senator Akpoti-Uduaghan’s counsel further submitted.
Meanwhile, the Federal Government’s counsel, Mr David Kaswe, informed the court that although the prosecution had filed its response to the objection, it had not been able to serve it on the defendant.
He therefore requested an adjournment to enable him to serve a counter-affidavit on the defendant.
“It will not be fair for the prosecution to insist that the matter goes on as the defence team has indicated that they will respond to our counter.
“In the circumstance, we are asking for a short adjournment to enable us to effect proper service on the defence,” the government’s lawyer added.
Although he did not oppose the request for adjournment, counsel to the defendant asked for a longer date, explaining that members of his team were scheduled to attend the International Bar Association meeting in Canada.
After hearing submissions from both parties, Justice Orji adjourned the matter for the hearing of the objection.
