The Office of the Attorney General of the Federation (AGF) and Minister of Justice has insisted that the defamation charges filed against Senator Natasha Akpoti-Uduaghan were properly instituted in line with the provisions of the Penal Code Law of Nigeria and the Constitution.
The AGF’s office stated this in its response to the senator’s preliminary objection to the three-count criminal charge pending before the Federal Capital Territory (FCT) High Court, Maitama, presided over by Justice Chizoba Oji.
The charges against Akpoti-Uduaghan, who represents Kogi Central Senatorial District, stemmed from petitions filed by Senate President Godswill Akpabio and former Kogi State governor, Yahaya Bello, following her public claims that the duo had conspired to assassinate her.
In its counter-affidavit, the AGF’s office maintained that the decision to prosecute the senator was taken after a comprehensive investigation by the Nigeria Police Force, which reviewed all petitions from both the complainants and the defendant.
“The three counts were preferred against the defendant pursuant to the Penal Code Law of the Federal Republic of Nigeria and in the bona fide exercise of the prosecutorial powers of the Honourable Attorney-General of the Federation as guaranteed under the Constitution,” the prosecution stated.
It further argued that the senator’s actions contravened provisions of the law, stressing that the case was filed “in the public interest, the interest of justice, and to prevent abuse of legal process.”
According to the AGF’s office, the charges were neither politically motivated nor an abuse of prosecutorial power.
“The criminal charge against the defendant arose from the comprehensive and conclusive investigation of the case, including all petitions and parties involved, by the Nigeria Police Force.”
“The charge against the defendant is consistent with extant laws and does not constitute an abuse of the legal or prosecutorial powers of the Honourable Attorney-General of the Federation,” the document read.
At the last sitting on September 23, defence counsel Ehighioge West-Idahosa (SAN) had filed a preliminary objection challenging the validity of the charges.
He argued that the AGF’s office had overreached its constitutional powers, describing the prosecution as an abuse of process.
According to him, the objection was not contesting the facts of the case but rather the legality and jurisdictional competence of the AGF to initiate such charges.
The objection, filed on September 18, was yet to receive a response from the prosecution at the time of the previous hearing.
When the matter came up on Monday, prosecuting counsel David Kaswe informed the court that although the case was slated for hearing, the prosecution’s counter-affidavit had not been properly served on the defence.
He explained that the document was delivered to an incorrect address and requested a short adjournment to rectify the error.
“It would not be fair for the prosecution to proceed when the defence has indicated its intention to respond to our counter,” Kaswe told the court.
Responding, West-Idahosa confirmed that the defence team had not been served and would only respond after receiving the document. He also requested a longer adjournment, citing plans by the defence team to attend the International Bar Association (IBA) Conference in Canada.
After listening to both sides, Justice Oji granted the request and adjourned the matter to December 1, 2025, for hearing of the preliminary objection.
The case, marked FCT/HC/CR/297/25, accuses Senator Akpoti-Uduaghan of making harmful and defamatory statements against Akpabio and Bello, including allegations that they plotted to assassinate her and that the Senate President was linked to the death of Miss Iniobong Umoren.
The senator was arraigned on June 19 and pleaded not guilty to all three counts.
The court is expected to rule on her preliminary objection before proceeding to trial.