AGF Fagbemi Refutes Abuse of Court Process Claim In Akpoti-Uduaghan Defamation Trial

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The Office of the Attorney General of the Federation (AGF) has dismissed allegations of abuse of court process in the ongoing defamation case involving Senator Natasha Akpoti-Uduaghan, insisting that the prosecution acted within the bounds of the law.

The Federal Government had, on June 19, 2025, arraigned the Kogi Central senator before the Federal Capital Territory (FCT) High Court in Maitama on a three-count charge of criminal defamation against Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello.

Senator Akpoti-Uduaghan, however, accused the prosecution of duplicity, arguing that the filing of a similar case at the Federal High Court, Abuja, amounted to abuse of court process and exposed her to double jeopardy.

Representing the AGF, David Kaswe told the court on Monday that the charges were filed after a thorough police investigation which established a prima facie case against the senator.

“The charge before the FCT High Court was filed pursuant to the Penal Code and in the bona fide exercise of the AGF’s prosecutorial powers, guided by public interest and the need to prevent abuse of legal process,” the prosecution stated in its counter affidavit.

The AGF’s office further maintained that the prosecution complied with constitutional provisions and the Federal Competition and Consumer Protection Act, stressing that the case was lawfully initiated.

During proceedings, the prosecution requested a short adjournment after acknowledging that its counter affidavit had not yet been served on the defence. Akpoti-Uduaghan’s counsel, Ehiogie West-Idahosa (SAN), confirmed non-service and sought a longer adjournment, citing the defence team’s upcoming attendance at the International Bar Association’s annual meeting in Canada.

Justice Chizoba Oji subsequently adjourned the matter to December 1, 2025, for hearing of both the preliminary objection and the prosecution’s counter affidavit.

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