The office of the Attorney General of the Federation (AGF) and Minister of Justice has faulted the claim by Senator Natasha Akpoti-Uduaghan that the charges filed against her before the High Court of the Federal Capital Territory (FCT) and the Federal High Court in Abuja amount to an abuse of court process.
The AGF’s office maintained that the charges were duly filed upon comprehensive and conclusive investigations, and having established a prima facie case against her.
The office, in a counter affidavit, also faulted the lawmaker’s claim that her petitions were not investigated. The counter-affidavit was filed in reaction to a notice of preliminary objection filed by the senator in opposition to both charges.
She is charged with criminal defamation before the High Court of the FCT, while a charge of alleged cybercrime is pending before the Federal High Court in relation to her claim that Senate President, Godswill Akpabio and ex-governor of Kogi State, Yahaya Bello, planned to kill her.
In the counter affidavit, the prosecution stated that contrary to her claim, the three-count charge before the High Court of the FCT was filed against her “after a thorough investigation of the case and a prima facie case established.”
It added: “The three-count charge was preferred against the defendant pursuant to the Penal Code Law of the Federal Republic of Nigeria and in the bona fide exercise of the prosecutorial powers of the Honourable Attorney General of the Federation guaranteed under the Constitution of the Federal Republic of Nigeria 1999 (as amended) and in the best interest of justice.
“The actions and conduct of the defendant/applicant (Natasha) contravened the penal code law of the Federal Republic of Nigeria.
“The criminal charge against the defendant is borne out of the comprehensive and conclusive investigation of the case, including all petitions and parties related to the case by the Nigerian Police Force.
“All the petitions filed by the defendant were duly investigated and charges filed at the FCT High Court against her colleague senator.” When the case came up yesterday before the High Court of the FCT, the prosecuting lawyer, David Kaswe, said that although the case was slated for hearing of the defendant’s preliminary objection, the prosecution filed a counter affidavit, which it was unable to serve on the defendant.
Kaswe prayed the court for a short adjournment to enable the prosecution to properly serve the defendant with its response to her preliminary objection.
Responding, Natasha’s lawyer, Ehiogie West-Idahosa (SAN), confirmed that the defendant was not served with the prosecution’s counter affidavit. Justice Chizoba Oji subsequently adjourned till December 1 for the preliminary objection and the counter affidavit.