The High Court of the Federal Capital Territory (FCT), sitting in Maitama, has postponed the trial of Senator Natasha Akpoti-Uduaghan in a defamation case filed against her by the Federal Government (FG), to allow consideration of a preliminary objection raised by her legal team.
The adjournment followed arguments between the prosecution and the defence during Tuesday’s proceedings.
In the charge marked CR/297/25, the Federal Government accused Senator Akpoti-Uduaghan, who had earlier been suspended from the Senate for six months, of making false and defamatory statements during a live broadcast on Channels Television’s Politics Today programme on April 3.
According to the prosecution, the senator falsely alleged that Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello were among politicians plotting to assassinate her. The FG maintained that her remarks amounted to defamation, contrary to Section 391 of the Penal Code, Cap 89, Laws of the Federation, 1990, and punishable under Section 392 of the same law.
When the matter came up, government counsel Mr. David Kaswe informed the court that the prosecution was ready to open its case and had a witness present. He urged the court to proceed with hearing.
However, Akpoti-Uduaghan’s lead counsel, Mr. Ehiogie West-Idahosa, SAN, drew the court’s attention to a preliminary objection filed by his client challenging the court’s jurisdiction. He argued that there had been an “abuse of prosecutorial powers” by the Attorney-General of the Federation (AGF), which, in his view, rendered the charge invalid.
Idahosa explained that the objection was a “threshold issue,” stressing that if the court upheld it, the trial would not proceed. He also complained that the proof of evidence served on his client contained only summaries of witness statements rather than the full disclosures required to adequately prepare a defence.
The prosecution, visibly dissatisfied, countered that the objection was deliberately filed late to frustrate proceedings. Kaswe told the court that although the defendant was arraigned on June 19, the objection was only filed the previous Thursday and was served directly on the AGF, who had been attending the United Nations General Assembly in New York.
He further argued that his office at the Ministry of Justice had not received the documents and described the defence’s actions as a ploy to stall the trial. Relying on sections 221, 306, and 396(2) of the Administration of Criminal Justice Act (ACJA), 2015, the prosecution urged the court not to allow delays, citing appellate decisions that discourage objections intended to slow down criminal trials.
In her ruling, Justice Chizoba Orji held that it was necessary to give the Federal Government time to respond to the defendant’s preliminary objection. The matter was subsequently adjourned until October 27 for hearing of the objection.
