…As Court Fixes December 1 for Hearing on Preliminary Objection
By Punchng. Com
The Office of the Attorney-General of the Federation (AGF) and Minister of Justice has insisted that the criminal defamation charges filed against Senator Natasha Akpoti-Uduaghan were lawful, saying her comments and actions against Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello breached provisions of the Penal Code.
The AGF’s office stated this in a counter-affidavit filed before the Federal Capital Territory High Court, Maitama, Abuja, in response to the senator’s preliminary objection seeking to quash the charges.
Akpoti-Uduaghan, representing Kogi Central, is facing a three-count charge bordering on harmful imputation and defamation following complaints by Akpabio and Bello. The charges stemmed from her allegation of an assassination attempt, which she claimed the two political figures were behind.
She was arraigned on June 19 and pleaded not guilty. Her legal team, led by Ehighioge West-Idahosa (SAN), later filed a preliminary objection, arguing that the Attorney-General’s office had abused its prosecutorial powers and that the charges lacked merit.
However, the prosecution, represented by David Kaswe, urged the court to dismiss the objection, maintaining that the charges were properly filed under the Penal Code Law of the Federal Republic of Nigeria and in line with the AGF’s constitutional authority.
According to the counter-affidavit, “The three counts were preferred against the defendant pursuant to the Penal Code Law and in the bona fide exercise of the prosecutorial powers of the Honourable Attorney-General of the Federation as guaranteed under the Constitution. The actions and conduct of the defendant contravened the Penal Code Law of the Federal Republic of Nigeria.”
It added that the criminal case arose from “a comprehensive and conclusive investigation of all petitions and parties involved by the Nigeria Police Force,” emphasizing that the charges were guided by public interest, the interest of justice, and the need to prevent abuse of legal process.
In the charge marked FCT/HC/CR/297/25, the senator was accused of making damaging imputations against Akpabio and Bello by alleging that they conspired to assassinate her. She was also accused of making further remarks linking Akpabio to the death of Miss Iniobong Umoren.
During the last sitting on September 23, West-Idahosa informed the court that the defence had served its preliminary objection on the AGF’s office since September 18, but had received no response. He described the objection as a “threshold jurisdictional matter,” not an argument on the substance of the case.
At the resumed hearing on Monday, Kaswe told the court that although the matter was slated for the hearing of the objection, the prosecution’s response had not been properly served on the defence due to an address mix-up.
“It would not be fair to proceed when the defence team has indicated its intention to respond to our counter,” Kaswe said, requesting a short adjournment.
West-Idahosa confirmed that the defence had not received the prosecution’s counter-affidavit and requested a long adjournment, citing that members of the defence team would attend the International Bar Association Conference in Canada.
After hearing from both sides, Justice Chizoba Oji adjourned the case to December 1, 2025, for the hearing of the preliminary objection.
Political Undercurrents
The case has continued to stir political conversations across Abuja and Kogi State, with observers describing it as a test of how far the law can go in balancing freedom of speech and protection of reputation in Nigeria’s volatile political climate.
Senator Akpoti-Uduaghan, known for her bold criticisms of the political establishment, insists she is being targeted for speaking truth to power. Meanwhile, both Akpabio and Bello have maintained that her allegations were malicious and damaging to their public image.
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