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The High Court of the Federal Capital Territory 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 contest the defamation charge brought against her by the Federal Government.
In the charge numbered CR/297/25, the Federal Government alleged that the defendant, who had earlier been suspended from the Senate for six months, made false and defamatory comments during her appearance as a guest on a live television programme.
The Federal Government specifically accused Senator Akpoti-Uduaghan of making false claims that tarnished the reputations of the Senate President, Godswill Akpabio, and the former Governor of Kogi State, Yahaya Bello.
Outlining the particulars of the offence in the first count, the prosecution told the court that the alleged act occurred on April 3 during a live broadcast of Channels Television’s Politics Today. It said the Senator claimed that some politicians, including Akpabio and Bello, were plotting to assassinate her.
According to the Federal Government, her statement amounted to an offence under Section 391 of the Penal Code, Cap 89, Laws of the Federation, 1990, and is punishable under Section 392 of the same code.
At the resumed hearing on Monday, the lawmaker—who had already entered a plea of not guilty to the three-count charge—challenged the court’s jurisdiction to proceed with the case.
Her legal team, led by Mr Ehiogie West-Idahosa, SAN, asked the court to suspend the full trial until her preliminary objection is resolved.
The defence counsel explained that the objection was based on claims that “there has been abuse of prosecutorial powers” by the Attorney-General of the Federation, a situation he said deprived the court of the power to entertain the matter 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,” West-Idahosa stated.
“Assuming the court agrees with us, there will be no need to proceed with the trial.
“This is a threshold matter,” he maintained, adding that the prosecution’s proof of evidence did not include the complete extra-judicial statements of its proposed 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,” the Senator’s lawyer further argued.
On his part, the Federal Government’s counsel, Mr David Kaswe, informed the court that although the prosecution had filed a response to the objection, it had not yet been served on the defendant.
He therefore asked for an adjournment to enable him to serve a counter-affidavit on the defence.
“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,” Kaswe said.
Although he did not oppose the adjournment, counsel to the defendant requested a longer date, noting that members of his team were scheduled to attend the International Bar Association meeting in Canada.
After listening to both parties, Justice Orji adjourned the matter for the hearing of the objection.
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