A High Court of the Federal Capital Territory (FCT) sitting in Maitama has granted an application by the prosecution for an adjournment in the criminal defamation case filed against Senator Natasha Akpoti-Uduaghan by the Office of the Attorney General of the Federation (AGF).
When the case was called on Monday, defence counsel Ehiogie West Idahosa (SAN) announced his appearance and noted that the prosecution was absent.
Justice Chizoba Oji informed the court that the prosecution had sent a letter requesting an adjournment. The judge handed a copy to Idahosa, who said he was not served the application beforehand.
Idahosa told the court that the adjournment letter was filed on Monday morning and argued that the prosecution failed to notify the defence at least 48 hours before the sitting, as required by procedure.
He urged the court to disregard the prosecution’s request and proceed with the day’s business, which was the hearing of the defendant’s preliminary objection. The defendant, he noted, was present in court and ready for hearing.
Court’s decision
In her ruling, Justice Oji agreed that the prosecution’s request did not meet the required threshold but said she would nonetheless grant the adjournment “in the interest of justice.”
She rejected the defence’s prayer to continue with proceedings and adjourned the matter to February 23, 2025.
Senator Akpoti-Uduaghan was accompanied to court by her husband.
Background to the case
Senator Akpoti-Uduaghan is facing a criminal defamation charge relating to her allegation that Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello planned to kill her.
In a preliminary objection, her legal team is challenging the AGF’s decision to file two separate charges against her — one at the FCT High Court and another at the Federal High Court — claiming it amounts to abuse of court process.
Prosecution counters defence objection
In its counter-affidavit, the prosecution dismissed the defence’s claim, arguing that the charge before the FCT High Court followed a “thorough investigation” that established a prima facie case.
It maintained that:
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The three-count charge was filed under the Penal Code after a full police investigation.
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All petitions submitted by the defendant were duly investigated.
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The AGF acted within constitutional powers and in the public interest.
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Filing the charge does not amount to abuse of process.
According to the prosecution, “The actions and conduct of the defendant contravened the Penal Code law of the Federal Republic of Nigeria,” adding that the case was filed to prevent abuse of legal processes and ensure justice.
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