The cybercrime case filed by the Federal Government against suspended Kogi Central Senator, Natasha Akpoti-Uduaghan, on Monday took a new turn as the Federal High Court in Abuja agreed to first consider a preliminary objection challenging its jurisdiction before delving into the substantive trial.
At the resumed sitting, Akpoti-Uduaghan’s lead counsel, Mr. Ehiogie West-Idahosa, SAN, informed the court that his client had raised an objection questioning whether the Attorney General of the Federation (AGF) had properly exercised his prosecutorial powers in instituting the charge.
He also faulted the prosecution for failing to serve the defence with complete witness statements.
According to West-Idahosa, section 36 of the 1999 Constitution (as amended) makes it mandatory that “the defendant must be served with the proof of evidence to enable her to effectively prepare her defence to the charge.”
However, counsel to the Federal Government, Mr. David Kaswe, disagreed, urging the court not to allow the objection to stall the commencement of trial. He maintained that the AGF acted within the law, insisting: “We have exercised our prosecutorial powers according to both the Constitution and the Cybercrime law. The AGF has the power to prefer charge against anyone.”
In his brief ruling, Justice Mohammed Umar held that the objection would be determined first before the case could proceed further, and then adjourned the matter to October 20 for hearing.
The suspended senator is facing a six-count charge marked CR/297/25, in which she is accused of making a false assassination claim against political rivals.
The Federal Government alleged that she had, during a live Channels Television broadcast on April 3 and while addressing her supporters in Kogi State, claimed that some politicians plotted to eliminate her.
Specifically, the prosecution said Akpoti-Uduaghan named Senate President Godswill Akpabio and former Kogi Governor Yahaya Bello as participants in a meeting where the plot was allegedly hatched.
She was accused of transmitting the allegation knowing it would harm their reputations, an act said to contravene section 24(2)(c) of the Cybercrime (Prohibition, Prevention, etc.) Amendment Act, 2024.
The lawmaker had pleaded not guilty when she was arraigned on June 30 and was granted bail on self-recognition.
She is also standing trial at the High Court of the Federal Capital Territory, Maitama, for allegedly defaming Akpabio and Bello.
On June 19, Justice Chizoba Orji admitted her to bail in the sum of N50 million with one surety who must own a landed property in Abuja.
The Maitama court fixed September 23 for the commencement of that separate trial.
