The Federal Capital Territory High Court in Maitama, Abuja, has adjourned the hearing of a preliminary objection filed by Senator Natasha Akpoti-Uduaghan in her trial for alleged defamation of Senate President, Godswill Akpabio, and former Kogi State Governor, Yahaya Bello to December 1st.
Justice Chizoba Oji, fixed the date on Monday after the prosecuting counsel, David Kaswe, informed the court that the prosecution had been unable to serve its response on the defence but had been filed with the court.
Recall that on June 19, Akpoti-Uduaghan who is representing Kogi Central senatorial district at the senate was arraigned before the court on a three-count charge bordering on harmful imputation, filed by the Office of the Attorney-General of the Federation and Minister of Justice.
She was accused of making harmful imputations that “she knew would damage the reputation of Senate President Akpabio by claiming that he conspired with former governor Bello to kill her.”
She pleaded not guilty to all the charges.
Represented by her counsel, Ehighioge West-Idahosa the lawmaker on September 23, informed the court that she had filed a notice of preliminary objection, accusing the Office of the Attorney-General of abusing its prosecutorial powers.
This came after he said the notice was filed earlier at the AGF’s office on September 18, but no response had been received.
Idahosa argued that the objection did not contest the substance of the charges. He therefore, described it as a threshold jurisdictional matter and challenged their validity.
The hearing resumed on Monday where Kaswe explained to the court that the address the prosecution’s counter-affidavit was served did not belong to any of the defence counsel, and he requested a short adjournment to enable proper service.
“It would not be fair for the prosecution to insist that the matter proceed when the defence team has indicated its intention to respond to our counter.
“We are, therefore, asking for a short adjournment to enable us to effect proper service,” he said.
In response, the defense counsel confirmed that they had not received the prosecution’s response, noting that none of the defendant’s lawyers had been served.
“The prosecution’s counter was not served on any of the defendant’s lawyers. We intend to respond when we are properly served, as we have additional evidence to file,” he said.
He also appealed to the court to grant a long adjournment, explaining that members of the defence team planned to attend this year’s International Bar Association Conference in Canada.
After listening to both parties, Justice Oji adjourned the hearing of the preliminary objection to December 1.
