The Office of the Attorney General of the Federation (AGF) and Minister of Justice has defended its decision to prosecute Senator Natasha Akpoti-Uduaghan on charges of criminal defamation, insisting that the case was instituted in accordance with the Penal Code and in the interest of justice.
The AGF’s position was contained in a counter-affidavit filed before the Federal Capital Territory (FCT) High Court, Maitama, in response to a preliminary objection raised by Senator Akpoti-Uduaghan. The senator is facing a three-count charge bordering on harmful imputation and defamation, following allegations she made against Senate President Godswill Akpabio and former Kogi State governor, Yahaya Bello.
The case stems from complaints lodged by both Akpabio and Bello, after Akpoti-Uduaghan publicly alleged that the two men had conspired in an assassination attempt on her life. The prosecution claims her statements were not only false but damaging to their reputations.
The senator was arraigned on June 19, where she pleaded not guilty to all charges. Her legal team, led by Senior Advocate of Nigeria (SAN) Ehighioge West-Idahosa, subsequently filed a preliminary objection, urging the court to strike out the case on the grounds that it constituted an abuse of prosecutorial powers.
However, the AGF’s office, through prosecuting counsel David Kaswe, maintained that the charges were legally and constitutionally grounded. “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,” the prosecution stated.
The counter-affidavit further argued that the senator’s alleged conduct “contravened the Penal Code Law” and that the charges were filed after a comprehensive police investigation of all petitions submitted by both parties.
According to the AGF, “The Office of the Attorney-General of the Federation filed the criminal charge after due consideration of public interest, the interest of justice, and the need to prevent abuse of legal process. The charges are consistent with extant laws and do not amount to prosecutorial overreach.”
In the charge marked FCT/HC/CR/297/25, Akpoti-Uduaghan was accused of making statements intended to damage the reputation of Akpabio by claiming he conspired with Yahaya Bello to assassinate her. She was also alleged to have linked Akpabio to the death of Miss Iniobong Umoren, a case that had previously drawn national attention.
At the resumed hearing on Monday, October 28, prosecutor Kaswe informed the court that although the case was scheduled for the hearing of the preliminary objection, the prosecution had yet to properly serve its counter-affidavit on the defence team. He therefore requested a short adjournment to enable proper service.
Defence counsel West-Idahosa confirmed that the team had not received any documents from the prosecution and requested a longer adjournment, citing plans by members of the defence team to attend the International Bar Association (IBA) Conference in Canada.
Justice Chizoba Oji, after hearing from both sides, adjourned the matter until December 1 for the hearing of the preliminary objection.
The case has drawn considerable public attention, with legal observers divided over whether the AGF’s office should be prosecuting what some describe as a politically charged defamation case involving a sitting senator and two prominent political figures.
