AGF: Charges against Akpoti-Uduaghan lawful, not abuse of process

The Office of the Attorney General of the Federation (AGF) and Minister of Justice has dismissed claims by Senator Natasha Akpoti-Uduaghan that the criminal charges filed against her before two Abuja courts amount to an abuse of court process.

In a counter-affidavit filed in response to the senator’s preliminary objection, the AGF’s office maintained that the charges were lawfully instituted after comprehensive investigations established a prima facie case against the Kogi North senator.

Akpoti-Uduaghan is currently facing criminal defamation charges before the High Court of the Federal Capital Territory (FCT), while a separate cybercrime charge is pending against her at the Federal High Court in Abuja.

The charges stem from her allegation that Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello plotted to kill her.

According to the prosecution, the three-count charge filed at the FCT High Court was brought in line with the Penal Code Law of Nigeria and represents a legitimate exercise of the AGF’s constitutional prosecutorial powers.

The counter-affidavit read in part: “The charges against the defendant were filed after a thorough investigation and in the bona fide exercise of the Attorney General’s powers, in the public interest and the interest of justice.

“The actions and conduct of the defendant contravened the penal code law.”

It added that all petitions submitted by Akpoti-Uduaghan were duly investigated by the Nigeria Police Force, and the resulting charges were filed after due consideration to ensure fairness and prevent any abuse of legal process.

When the case came up on Monday before Justice Chizoba Oji of the FCT High Court, prosecuting counsel David Kaswe informed the court that although the matter was slated for hearing on the senator’s preliminary objection, the prosecution had filed a counter-affidavit but was yet to serve it on the defence.

Kaswe requested a short adjournment to properly serve the documents, saying:

“It would not be fair to proceed today since the defence has indicated its intention to respond once served.”

Responding, Ehiogie West-Idahosa (SAN), counsel to Akpoti-Uduaghan, confirmed that his client had not been served and requested a long adjournment, noting that members of the defence team would be attending the International Bar Association (IBA) annual conference in Canada.

Justice Oji consequently adjourned the matter to December 1 for hearing on the preliminary objection and the AGF’s counter-affidavit.