The Federal Government, on Tuesday, alleged a deliberate attempt to frustrate it from calling witnesses to testify against the embattled Senator for Kogi Central, Natasha Akpoti-Uduaghan.
The allegation came after the lawmaker, through her team of lawyers led by Mr Ehiogie West-Idahosa, SAN, persuaded the High Court of the Federal Capital Territory, FCT, sitting at Maitama, to halt FG from opening its case in the defamation charge that was entered against her.
In the charge marked: CR/297/25, the Nigerian government alleged that the defendant who was earlier handed a six-month suspension by the Senate, made false and defamatory remarks when she appeared as a guest on a live television program.
It specifically accused Senator Akpoti-Uduaghan of making false imputations that tarnished the image of both the Senate President, Godswill Akpabio and former Governor of Kogi State, Yahaya Bello.
Providing the particulars of the offence in count-one of the charge, the FG, told the court that the defendant committed the alleged crime on April 3, during a live broadcast on Channels Television’s Politics Today, when she alleged that some politicians, including Akpabio and Bello, were plotting to assassinate her.
According to the Federal Government, the defendant, by her claim, committed an offence under 391 of the Penal Code, Cap 89, Laws of the Federation, 1990, and punishable under section 392 of the same law.
When the matter was called up on Tuesday, FG’s lawyer, Mr David Kaswe, told the court that his witness was available for the commencement of hearing.
“My lord, the matter was fixed for prosecution to open its case. We are prepared and have our witness in court. Subject to the convenience of the court, we are ready to proceed with the business of the day,” Kaswe added.
However, Senator Akpoti-Uduaghan’s lawyer, Idahosa, SAN, drew the attention of the court to a notice of preliminary objection his client filed to challenge its jurisdiction to proceed with the case.
He told the court that the objection was premised on the fact that “there has been abuse of prosecutorial powers,” by the Attorney-General of the Federation, a situation he said stripped the court of its jurisdiction to entertain the charge as constituted.
Besides, he noted that the proof of evidence the prosecution served on the defendant did not contain full extrajudicial statements of the proposed witnesses.
Dissatisfied with the development, FG’s lawyer decried that though the defendant was arraigned on June 19, she waited till last Thursday to file the objection.
The prosecution counsel told the court that his department at the Ministry of Justice was yet to receive a copy of the said objection since it was served directly on the AGF.
Relying on sections 221, 306 and 396(2) of the Administration of Criminal Justice Act, ACJA, 2015, FG prayed the court to “stop the defendant from delaying criminal proceedings before court.”
In a brief ruling, Justice Chizoba Orji said she was minded to allow FG to file its response to the preliminary objection the defendant raised against her trial.
Consequently, she fixed October 27 to hear the objection.
