News Investigators/ Justice Chizoba Oji of an Abuja High Court on Monday adjourned hearing in the preliminary objection raised by Sen.Natasha Akpoti-Uduaghan, challenging the powers of the Attorney-General of the Federation to prosecute her.
Akpoti-Uduaghan is charged with defaming Senate President Godswill Akpabio and a former governor Yahaya Bello of Kogi.
Akpoti-Uduagha, who represents Kogi Central was on June 19 arraigned before the court on a three-count charge, bordering on harmful imputation by the Office of the Attorney-General of the Federation (AGF) and Minister of Justice.
In the charge, marked FCT/HC/ CR/297/25, Akpoti-Uduaghan was accused of making harmful imputation which she knew would harm the reputation of the Akpabio, by claiming he plotted, with former governor Bello to kill her.
She is further accused of making a similar harmful imputation knowing that it will harm the reputation of ex-governor Bello.
The prosecution also accused her of making another imputation, which she knew would harm the reputation of Akpabio by associating him with the death of one Miss Imoren Iniobong.
She, however, pleaded not guilty to the charge preferred against her.
At the resumed hearing of the case, the prosecution counsel, David Kaswe, informed the court that the matter was slated for hearing of the defendant ‘s preliminary objection.
He however, said that the prosecution was not able to serve its counter to the objection though it had filed same with the court.
Kaswe told the court that the address the prosecution’s counter was served did not belong to any of the defendant’ s lawyers.
On that note, he prayed for a short adjournment to enable the prosecution properly serve the defendant with its response to her preliminary objection.
“It will not be fair for the prosecution to insist that the matter goes on as the defence team has indicated that they will respond to our counter.
“In the circumstance, we are asking for a short adjournment to enable us (prosecution) to effect proper service on the defence” he told the court.
Responding, Akpoti-Uduaghan’s counsel, Ehighioge West-Idahosa SAN, confirmed to the court that the prosecution’s response to his client’s preliminary objection was not served on any of her defence team.
He added that they had not seen the response.
“The prosecution’s counter was not served on any of the defendant’s lawyers. As defendant, we have not been served.
” We intend to react when we are properly served as we have additional evidence to file,” he told the court.
He, however, appealed to the court to grant a long adjournment as members of the defence team planned to attend this year’s International Bar Association’s meeting in Canada.
After listening to parties, Justice Oji adjourned hearing of the preliminary objection until Dec.1 .
At the last sitting on Sept. 23, West-Idahosa had told the court that the defendant had filed a notice of preliminary objection before the court .
He added on the ground that there was abuse of prosecutorial powers by the Office of the Attorney-General of the Federation.
According to the senior advocate, the preliminary objection was not a challenge of the elements of the charge but a challenge to the validity of the charge, asserting that,
“This is threshold of jurisdictional matter.”
He then informed the court that the defence had on Sept. 18 served the Office of the Attorney-General of the Federation with the preliminary objection and the prosecution had yet to respond to it.
NAN
