On Monday, September 22, the Federal High Court in Abuja postponed the continuation of the six-count cybercrime case against suspended Kogi Central Senator Natasha Akpoti-Uduaghan to October 20.
This adjournment came after the defense submitted a fresh motion questioning the court’s authority to preside over the matter. At the resumed session, the Federal Government’s counsel, Mr. David Kaswe, informed the court that their witness was prepared to proceed with the trial.
However, Senator Akpoti-Uduaghan’s legal representatives, headed by Senior Advocate Mr. Ehiogie West-Idahosa, raised a preliminary objection challenging the court’s jurisdiction.
The defense argued that the Attorney General of the Federation (AGF) and Minister of Justice had overstepped prosecutorial boundaries. Additionally, they highlighted the prosecution’s failure to furnish complete witness statements.
“According to Section 36 of the 1999 Constitution (as amended), it is mandatory that the defendant receives the evidence against her to adequately prepare her defense,” West-Idahosa emphasized.
In response, the prosecution contended that the objection lacked merit to stall the trial and urged the court to allow proceedings to continue, affirming its jurisdiction over the cybercrime allegations.
Kaswe stated, “Our exercise of prosecutorial discretion aligns with both the Constitution and the Cybercrime Act. The AGF holds the authority to initiate charges.”
Justice Mohammed Umar ruled briefly that he would first consider the jurisdictional objection before advancing the case further.
The case, referenced as CR/297/25, accuses Senator Akpoti-Uduaghan of fabricating an assassination plot, alleging that certain political figures conspired to have her killed. The Federal Government claims these statements were made during a public address in Kogi State and on April 3 during a live interview on Channels Television’s Politics Today.
Specifically, the senator is alleged to have implicated Senate President Godswill Akpabio and former Kogi Governor Alhaji Yahaya Bello, asserting they conspired to orchestrate her death under the guise of a mob attack.
The prosecution maintains that these accusations were false and defamatory, damaging the reputations of Akpabio and Bello, thereby violating section 24(2)(c) of the Cybercrime (Prohibition, Prevention, etc.) Amendment Act, 2024.
When arraigned on June 30, Senator Akpoti-Uduaghan pleaded not guilty and was released on self-recognizance bail.
In a related matter, on June 19, the Federal Capital Territory High Court in Maitama granted her bail set at N50 million with one surety, who must be reputable and own property in Abuja. This case also involves allegations of defamation against Senator Akpabio and ex-Governor Bello. The court’s decision referenced Section 36 of the 1999 Constitution and Sections 163 and 165 of the Administration of Criminal Justice Act (ACJA), 2015.
Although the trial was initially scheduled to begin on September 23, it was postponed due to the pending jurisdictional challenge.
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