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From Adesuwa Tsan, Abuja
As the National Assembly prepares to resume from its annual recess today, suspended lawmaker, Natasha Akpoti-Uduaghan has asked the courts to strike out two criminal cases filed against her by the Federal Government, describing the proceedings as unconstitutional, politically motivated, and a waste of taxpayers’ resources.
She further urged the court to dismiss the cases outrightly.
The charges, instituted by the Office of the Attorney-General of the Federation (AGF), stemmed from separate petitions submitted by Senate President Godswill Akpabio and former Kogi State governor, Yahaya Bello. One case is before the High Court of the Federal Capital Territory under the Penal Code, while the other is before the Federal High Court under the Cybercrimes (Prohibition) Act.
However, both are based on the same allegations of criminal defamation.
In a Preliminary Objection filed at both courts, Akpoti-Uduaghan argued that the AGF had overstepped constitutional limits by deploying public resources to defend the private reputations of two political figures.
“The Attorney-General of the Federation is constitutionally bound to act in the public interest, in the interest of justice, and to prevent abuse of legal process,” she submitted. “In this case, the charges were filed to shield the private reputations of Senator Akpabio and ex-Governor Yahaya Bello rather than to protect national security or public interest.”
The lawmaker, who represents Kogi Central in the Senate, insisted that her statements fell within the ambit of public commentary and political discourse. “Both individuals have long been subjects of public commentary and criticism in the media, yet had not challenged such commentary until now,” she said, noting that her lawyers placed editorials and other publications before the court to back her claim.
“This prosecution is not in the interest of the public and amounts to a waste of taxpayers’ monies,” she stated, adding that “the charges are frivolous, politically motivated, unconstitutional, and a waste of taxpayers’ resources. Dismissing them would safeguard the integrity of the justice system,” the lawyers submitted.
On the issue of locus standi, the Senator maintained that the AGF had no business prosecuting defamation claims on behalf of private citizens. “Defamation is a matter for civil remedies. If Senator Akpabio or Yahaya Bello feel aggrieved, they retain the right to approach the court privately. The AGF cannot appropriate public resources to shield their personal reputations,” she argued.
She also accused the Federal Government of weaponising the criminal justice system to silence dissenting voices. “Matters of alleged defamation are civil in nature.
The attempt to criminalise them is nothing but intimidation and a misuse of the criminal justice system to gag free speech, especially when one’s life is at risk,” Akpoti-Uduaghan said.
Her legal team further faulted the procedure that led to the cases, insisting that no investigation preceded the charges. “The charges were brought without any prior investigation by law enforcement agencies. Meanwhile, Senator Akpoti-Uduaghan’s own petitions alleging threats to her life by the complainants were ignored by the authorities,” the objection read.
The Senator also alleged that the prosecution violated her fundamental rights under Section 42 of the 1999 Constitution, accusing the government of selective justice. “My political speech is being selectively criminalised because I belong to the opposition, while my own complaints against Senator Akpabio and Yahaya Bello were not investigated nor prosecuted,” she told the court.
Her defence team, made up of four Senior Advocates of Nigeria includung Prof. Roland Otaru, SAN; Dr. E. West-Idahosa, SAN; J.J. Usman, SAN; and M.J. Numa, SAN.
