The office of the Attorney General of the Federation (AGF) and minister of Justice has described Senator Natasha Akpoti-Uduaghan’s claim that the charges filed against her before the High Court of the Federal Capital Territory (FCT) and the Federal High Court in Abuja are an abuse of court process as false.
The office of their AGF said the charges were duly filed after comprehensive and conclusive investigations, which established a prima facie case against her.
The office of the AGF, in a counter-affidavit, also faulted the Senator’s claim that her petitions were not investigated.
The counter-affidavit was filed in reaction to Natasha’s notice of preliminary objection opposing 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 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 were 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 that 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 so that the prosecution could adequately 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 continues as the defence team has indicated that it will respond to our counter-affidavit.
“In the circumstances, 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 served correctly. He prayed the court for a long adjournment because the defendant’s legal team members plan to attend this year’s International Bar Association meeting in Canada.
Justice Chizoba Oji adjourned until December 1 for the preliminary objection and the counter affidavit.
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