The Office of the Attorney General of the Federation (AGF) and Minister of Justice has described as false, 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, were abuse of court process.
The office of the AGF said the charges were duly filed upon comprehensive and conclusive investigations and having established a prima facie case against her.
In a counter affidavit, the AGF also faulted the Kogi Central Senator’s claim that her petitions were not investigated.
The counter-affidavit was filed in reaction to a notice of preliminary objection filed by Natasha 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 against her before the Federal High Court in relation to her claim that Senate President, Senator 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 was established.
“The three-count charge was preferred against the defendant pursuant to the Penal Code Law of the Federal Republic of Nigeria and in the bonafide 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 conducts 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.
“The Office of the Honourable Attorney General of the Federation filed the criminal charge against the defendant after due regard to the public interest, the interest of justice and the need to prevent abuse of legal process.
“The charge against the defendant is consistent with the extant laws and does not constitute an abuse of the legal and prosecutorial powers of the Office of the Honourable Attorney General of the Federation,” the prosecution said.
When the case came up on Monday before the High Court of the FCT, the prosecuting lawyer, David Kaswe, said although the case was slated for the 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.
He said: “It will not be fair for the prosecution to insist that the matter goes on as the defence team has indicated that it will respond to our counter-affidavit.
“In the circumstance, we are asking for a short adjournment to enable us (prosecution) to effect proper service on the defence.”
Responding, Natasha’s lawyer, Ehiogie West-Idahosa (SAN), confirmed that the defendant was not served with the prosecution’s counter-affidavit.
West-Idahosa said his client would respond once she was properly served and prayed the court for a long adjournment on the grounds that members of the defendant’s legal team planned to attend this year’s Internation Bar Association’s meeting in Canada.
Justice Chizoba Oji adjourned till December 1 for the preliminary objection and the counter-affidavit to be heard.
