Newday Reporters

Court Rejects Prosecution’s Request for Bench Warrant Against Akpoti-Uduaghan

The Federal High Court in Abuja has declined a request by the federal government’s prosecuting counsel, David Kaswe, to issue a bench warrant for the arrest of Senator Natasha Akpoti-Uduaghan. The case, reportedly filed on behalf of Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello, relates to alleged defamatory comments made by Akpoti-Uduaghan during a live television appearance on April 3, 2025.

At the hearing, Kaswe informed the court that the matter was scheduled for arraignment but that the defendant failed to appear. He stated that the charge had been served on the defendant’s counsel earlier that morning, implying that the defendant was aware of the case and had intentionally chosen not to attend. On this basis, he applied for a bench warrant to compel her attendance.

“It was this morning that we were able to serve the defendant through her counsel,” Kaswe said. “So, it means the defendant is aware of this matter but decided not to appear in court. In the light of this, I apply that a bench warrant be issued against her for failure to attend court to take her plea in this criminal charge.”

However, Akpoti-Uduaghan’s counsel, Senior Advocate of Nigeria Jacob Usman, opposed the application, describing it as strange and discourteous. He told the court that although he received the charge at 9:15 am on the same day in the courtroom, his client had not yet seen the charge and could not have known the matter was scheduled for hearing.

“I was served the charge at 9:15 am this morning here in court. So how will the defendant know that the matter is coming up when she has not seen the charge?” Usman argued. “I find the application strange and it should be dishonoured. If the defendant has not been served, she cannot be in court.”

Justice Musa Umar, presiding over the matter, inquired whether the prosecutor had directly served the charge on the defendant. Upon confirmation that service was only made to her counsel and not to her personally, the judge ruled that the conditions for issuing a bench warrant had not been met.

“It is not possible to grant an application for a bench warrant when the defendant has not been properly served,” the judge stated.

Justice Umar refused the bench warrant request and instead granted the prosecution’s alternative application for substituted service through the defendant’s counsel. The court adjourned the matter to June 30, 2025, for arraignment.

The charge stems from allegedly defamatory remarks Akpoti-Uduaghan made during a televised broadcast, where she reportedly accused Akpabio and Bello of plotting to assassinate her.

Stories you may like