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The preliminary objection filed by Senator Natasha Akpoti-Uduaghan in her trial for allegedly defaming Senate President Godswill Akpabio and former Kogi State governor Yahaya Bello will be heard on December 1st, according to Justice Chizoba Oji of the Federal Capital Territory (FCT) High Court, located in Maitama, Abuja, on Monday.
On June 19, the Office of the Attorney-General of the Federation (AGF) and the Minister of Justice arraigned Akpoti-Uduaghan before the court on three counts of damaging imputation.
In the charge, designated FCT/HC/CR/297/25, Akpoti-Uduaghan was charged with injurious imputation, which she knew would damage the reputation of Senator Akpabio, the Senate President, by alleging that he conspired with former Governor Bello to murder her.
She is also charged with making a similar damaging imputation with knowledge that it would damage former governor Bello’s reputation.
The troubled senator was also charged by the prosecution with making another imputation, which she knew would damage Akpabio’s reputation by linking him to the death of a certain Miss Imoren Iniobong.
To the charge against her, however, she entered a not guilty plea.
The prosecution was unable to serve its response to the defendant’s preliminary objection, despite having filed it with the court, David Kaswe, the prosecuting attorney, told the court during the case’s resumed hearing on Monday.
In order to allow the prosecution to properly serve the defendant with its response to her preliminary objection, Kaswe requested a brief postponement after informing the court that the address where the prosecution’s reply was served did not belong to any of the senator’s attorneys.
“It will not be fair for the prosecution to insist that the matter proceeds as the defense team has indicated that they will respond to our counter,” the prosecutor stated.
“In order for us (the prosecution) to properly serve the defense, we are requesting a brief adjournment.”
In response, Natasha’s lead attorney, Ehighioge West-Idahosa SAN, told the court that none of his client’s defense team had received the prosecution’s response to her preliminary objection and that they had not seen it.
None of the attorneys representing the defendant received the prosecution’s reply. We, the defendant, have not been served. The senior counsel informed the court, “We have more evidence to present, so we plan to re-d when we are properly served.”
However, he asked the court to allow a lengthy adjournment because members of the defense team are scheduled to travel to Canada for this year’s International Bar Association meeting.
Following the parties’ presentation, Justice Oji postponed the preliminary objection hearing to December 1.
West-Idahosa informed the court during the case’s most recent meeting on September 23 that the defendant had submitted a notice of preliminary objection, alleging that the Office of the Attorney-General of the Federation had abused its prosecutorial powers.
Asserting that “this is the threshold of jurisdictional matter,” the senior lawyer claimed that the preliminary objection was a challenge to the charge’s legitimacy rather than its substance.
He then told the court that the preliminary objection was served by the defense to the Office of the Attorney-General of the Federation on September 18 and that the prosecution had not yet replied.
