Justice Chizoba Oji of the Abuja High Court on Monday adjourned the hearing in the preliminary objection raised by Senator Natasha Akpoti-Uduaghan, challenging the powers of the Attorney-General of the Federation to prosecute her.

Mrs Akpoti-Uduaghan is charged with defaming Senate President Godswill Akpabio and former Governor Yahaya Bello of Kogi.

The senator, who represents Kogi Central, was on June 19 arraigned before the court on a three-count charge bordering on a harmful imputation by the Office of the Attorney-General of the Federation (AGF) and the Minister of Justice.

In the charge, marked FCT/HC/CR/297/25, Mrs Akpoti-Uduaghan was accused of making a harmful imputation which she knew would harm the reputation of Mr Akpabio, by claiming he plotted with Mr Bello to kill her.

She is further accused of making a similar, harmful imputation, knowing it would damage Mr Bello’s reputation.

The prosecution also accused her of making another imputation, which she knew would harm the reputation of Mr Akpabio by associating him with the death of one Imoren Iniobong.

She, however, pleaded not guilty to the charge preferred against her.

At the resumed hearing, the prosecution counsel, David Kaswe, informed the court that the matter was scheduled for a hearing on the defendant’s preliminary objection.

He, however, said that the prosecution was unable to serve its counter to the objection, though it had filed it with the court.

Mr Kaswe told the court that the address the prosecution’s counter was served at did not belong to any of the defendant’s lawyers.

He prayed for a short adjournment to enable the prosecution to properly serve the defendant with its response to her preliminary objection.

“It will not be fair for the prosecution to insist that the matter go on, as the defence team has indicated that they will respond to our counter.

“In the circumstances, we are asking for a short adjournment to enable us (prosecution) to effect proper service on the defence,” he told the court.

Responding, Mrs Akpoti-Uduaghan’s counsel, Ehighioge West-Idahosa (SAN), confirmed to the court that the prosecution’s response to his client’s preliminary objection was not served on any of her defence team.

“The prosecution’s counter was not served on any of the defendant’s lawyers. As the defendant, we have not been served.

”We intend to react when we are properly served as we have additional evidence to file,” he told the court.

He, however, appealed to the court to grant a long adjournment as members of the defence team planned to attend this year’s International Bar Association’s meeting in Canada.

After listening to parties, Justice Oji adjourned the hearing of the preliminary objection until December 1.

At the last sitting on September 23, Mr West-Idahosa told the court that the defendant had filed a notice of preliminary objection before the court.

He added that there was an abuse of prosecutorial powers by the Office of the Attorney-General of the Federation.

According to the senior advocate, the preliminary objection was not a challenge of the elements of the charge but a challenge to the validity of the charge, asserting that,

“This is the threshold of jurisdictional matter.”

He then informed the court that the defence had, on September 18, served the Office of the Attorney-General of the Federation with the preliminary objection, and that the prosecution had yet to respond.

(NAN)