Garba Mohammed
The Federal Government has justified its decision to prosecute Senator Natasha Akpoti-Uduaghan, maintaining that her comments and allegations against Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello amount to criminal defamation and violate the Penal Code.
In a formal response to a preliminary objection raised by the lawmaker, the Office of the Attorney-General of the Federation (AGF) told the Federal Capital Territory High Court that the charges were lawfully filed after what it described as “a thorough and conclusive police investigation.”
The statement, contained in a counter-affidavit filed by the prosecution, insists that Akpoti-Uduaghan’s public accusations — including claims that Akpabio and Bello plotted to assassinate her — were not only false but also damaging to the integrity of the officials concerned.
According to the AGF’s office, the case was instituted “in the interest of justice, public order, and to prevent the abuse of legal process,” stressing that the prosecution was initiated under the constitutional powers granted to the Attorney-General of the Federation.
“The criminal charge against the defendant arose from a comprehensive investigation by the Nigeria Police Force, and all petitions filed by the parties were duly reviewed before the charges were approved,” the document read in part.
The lawmaker, who represents Kogi Central Senatorial District, is facing three counts bordering on defamation and harmful imputation under the Penal Code Law. She was first arraigned on June 19, 2025, and pleaded not guilty.
Akpoti-Uduaghan, through her counsel, Ehighioge West-Idahosa (SAN), had earlier filed a preliminary objection challenging the competence of the charges and accusing the AGF’s office of overstepping its powers. Her objection did not contest the substance of the allegations but sought to have the case dismissed on jurisdictional grounds.
At Monday’s proceedings, presided over by Justice Chizoba Oji, the hearing of the objection was adjourned to December 1 after the prosecution admitted that its counter-affidavit had been served on the wrong address.
Lead prosecuting counsel, David Kaswe, asked for a short adjournment to correct the error.
“It would be unfair to proceed without ensuring proper service on the defence,” he told the court.
West-Idahosa confirmed that the defence had not received the prosecution’s response and requested a longer adjournment, explaining that members of his team were scheduled to attend the International Bar Association Conference in Canada.
“Once we are properly served, we shall respond and file additional materials in support of our objection,” he said.
In the charge marked FCT/HC/CR/297/25, Akpoti-Uduaghan is accused of making statements that allegedly injured the reputation of both Akpabio and Bello. The prosecution claims she deliberately linked Akpabio to the murder of Miss Iniobong Umoren and falsely accused Bello of conspiring to kill her.
But Akpoti-Uduaghan’s supporters describe the charges as politically motivated, insisting that the senator is being targeted for speaking out against corruption, electoral manipulation, and political violence in Kogi State.
The case has sparked renewed debate over the use of criminal defamation laws in Nigeria — a legal instrument that rights groups say is increasingly deployed to muzzle dissent and punish political opponents.
Justice Oji has fixed December 1 for the hearing of the preliminary objection, after which the court will decide whether the charges will proceed to full trial.