Court Hears Akpoti-Uduaghan’s Challenge to AGF’s Authority to Prosecute Her
The Federal Capital Territory (FCT) High Court has heard a motion filed by Senator Natasha Akpoti-Uduaghan, challenging the authority of the Attorney-General of the Federation (AGF) to prosecute her in a defamation case involving Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello.
Senator Akpoti-Uduaghan, who represents Kogi Central, was arraigned on June 19, 2025, on a three-count charge of making harmful imputations against the two politicians. The charges, filed under case number FCT/HC/CR/297/25, were brought by the Office of the AGF and Minister of Justice.
The prosecution accused the senator of falsely alleging that Mr. Akpabio conspired with Mr. Bello to kill her, and of making other statements intended to damage their reputations. She was also alleged to have linked Mr. Akpabio to the death of one Imoren Iniobong. The senator pleaded not guilty to all charges.
At the resumed hearing, the prosecution counsel, David Kaswe, informed the court that the session was meant to address the defendant’s preliminary objection but explained that the prosecution had not properly served its counter-response to the defence. He said the counter had been filed with the court but was mistakenly delivered to the wrong address, requesting a short adjournment to effect proper service.
“It would not be fair for the prosecution to proceed when the defence has not been properly served. We are therefore asking for a short adjournment,” Kaswe stated.
In response, Ehighioge West-Idahosa (SAN), counsel to Akpoti-Uduaghan, confirmed that his team had not received the prosecution’s filing. He added that the defence intended to file an additional response once they were properly served.
West-Idahosa also requested a long adjournment, noting that members of the defence team would be attending the International Bar Association’s conference in Canada.
After hearing both sides, Justice Oji adjourned the matter to December 1, 2025, for the hearing of the preliminary objection.
At the previous sitting on September 23, West-Idahosa had argued that the AGF’s decision to prosecute the case constituted an abuse of prosecutorial power. He clarified that the objection did not contest the facts of the charges but rather questioned their legal validity, calling it a jurisdictional issue.
The defence had filed the objection on September 18, but as of the last hearing, the prosecution had not yet submitted a formal response.
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