Akpoti-Uduaghan’s preliminary objection stalls defamation trial

Kogi Central senator, Natasha Akpoti-Uduaghan’s notice of preliminary objection filing, on Tuesday, stalled her defamation trial at the FCT High Court in Abuja.

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This happened barely 24 hours after her cybercrime trial at the Federal High Court, also in Abuja, was similarly cut short under similar circumstances.

Both trials before the separate courts stemmed from her public remarks earlier in the year about Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello, both of whom she accused of plotting to assassinate her. She denied the charges in both cases.

Her legal team filed notices of preliminary objection on her behalf to challenge her trial by the Attorney General of the Federation (AGF) office, which she accused of abuse of power.

At Tuesday’s proceedings, prosecution lawyer D.E. Kaswe informed the court that the office of the AGF received the notice of preliminary objection regarding the defamation case on 18 September. But he added that the AGF, Lateef Fagbemi, who doubles as the Minister of Justice, was out of the country attending the United Nations General Assembly (UNGA) in the United States.

Mr Kaswe said due to Mr Fagbemi’s absence, the prosecution’s department was unaware of the defendant’s filing, hence could not file a reply to it.

Mr Kaswe also accused the defence lawyer, West Idahosa, of attempting to frustrate the day’s hearing. He informed the court of his readiness to open his case as his first prosecution witness, Abdulhafiz Garba, a superintendent of police, was present in court.

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“Ultimately, it is a calculated attempt to frustrate the hearing of the prosecution’s case today. By the mandatory provisions of the Administration of the Criminal Justice Act (ACJA), this tactic or antic, no longer finds support under the law,” he said.

However, the defence lawyer, Mr Idahosa, noted that they had served the prosecution on 18 September, giving a 48-hour window as required by the law, but received no response.

Mr Idahosa also informed the court that they had yet to receive the extrajudicial statement of the witnesses and electronic evidence to prepare for their case. “We are entitled to full disclosure under Section 86, ACJA.”

The prosecution insisted that all necessary documents had been attached to the charges, and the electronic evidence was in the open. But Mr Idahosa relied on a citation by the Supreme Court of one Okon v. The State on the issue regarding extrajudicial statements.

He told the trial judge, Chizoba Oji, that the defence had done the needful and asked that a date be set for the objection to be heard.

The prosecution, however, relying on Sections 396 (2), 306, and 221 of the ACJA, argued that “the combined readings of these sections,” empowered the court “to proceed with the dealings of the day, to stop the defendant from delaying criminal proceedings.”

He said granting the request of the defendant would defeat the purpose of the ACJA.

Following their submissions, the judge, Ms Oji, informed the prosecution that since the office of the AGF had been served, it meant that the prosecution had been served.

“If you have not had adequate time to respond to it, I will give you time to respond to it,” the judge said, as she also asked the defence lawyer to provide the Supreme Court authority he earlier cited.

The judge then adjourned till 27 October for the hearing of the notice of preliminary objection till.

Mrs Akpoti-Uduaghan left the court on Tuesday to resume her legislative at the National Assembly from a six-month suspension by the Senate.

She was accompanied by a large number of supporters to both the court and the Senate on Tuesday.

Earlier, her supporters filled the court premises while some were waiting for her outside the court gates.

Activist Aisha Yesufu was among her supporters who were in court to solidarise with the senator on Tuesday.

Speaking with journalists, Ms Yesufu said she had trasversed different courts in solidarity with Ms Akpoti-Uduaghan for cases in which the senator had been involved. She described the as a waste and abuse of state resources.

Earlier on Monday, the other court where the senator is charged with cybercrimes rescheduled her trial to 26 September.

The charges before both courts were based on her remarks on a live television programme and, accusing Messrs Akpabio and Bello of conspiring to assassinate her.