The Federal High Court in Abuja has declined a request by federal prosecutors to issue a bench warrant for the arrest of suspended Senator Natasha Akpoti-Uduaghan over her absence at an arraignment.
Recall that Senator Akpoti-Uduaghan was dragged to court by the Federal government on charges of criminal defamation.
Justice M.G. Umar, on Monday, ruled against the application for arrest, citing improper service of the charges. “How do you expect her to be in court this morning if she was only served today? I will not grant your application if she was served this morning,” the judge said.
Akpoti-Uduaghan, who represents Kogi Central and is currently on a six-month suspension from the Senate, is facing charges filed by the Federal Ministry of Justice through the Department of Public Prosecutions of the Federation (DPPF). The case stems from an April 3 interview on Channels Television, where she alleged that Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello were involved in a plot to assassinate her.
“I am glad you did admit that I am a lawyer, and even if I am not a lawyer, I am a sane individual, and I do stand by what I said. In respect to the meeting or discussion Akpabio had [with] Yahaya Bello that night to eliminate me,” she declared during the broadcast, excerpts of which were cited in the criminal complaint.
The charges were filed on May 16 under Section 391 of the Penal Code Law, Cap 89, which criminalises statements intended to harm a person’s reputation. Prosecutors allege the senator knowingly made false claims with the intent to damage the reputations of the two political figures.
At Monday’s hearing, prosecution counsel D.E. Kaswe pressed for an arrest order, arguing that the defendant was aware of the charges and deliberately absented herself.
“My Lord, the defendant is not in court, and she knew the charges against her. She has refused to appear before this honourable court. We are applying for a bench warrant against the defendant,” he submitted.
However, defence counsel J.J. Usman, SAN, countered that Akpoti-Uduaghan had not been properly served and only received the charges minutes before the court convened. He further noted that she had authorized him to represent her in her absence.
The court sided with the defence and deemed the prosecution’s request as premature and lacking merit. The matter was subsequently adjourned to June 30 for arraignment.
