Justice Muhammed Umar of the Federal High Court in Abuja has refused a request by the Federal Government to issue a bench warrant for the arrest of Senator Natasha Akpoti-Uduaghan.
The lawmaker had failed to appear in court for the commencement of her trial on defamation charges.
The prosecution, led by government counsel David Kaswe, had sought the arrest order, but the judge dismissed the application on the grounds that the charge had not been properly served.
Kaswe admitted in court that the charge was only handed over to Akpoti-Uduaghan’s lawyer earlier that same morning.
Justice Umar ruled that “it would be unjust to expect the senator to appear in court when there was no prior service of the charge or a hearing notice on her directly.”
He further described the prosecution’s request as “unfounded and premature.”
The judge disagreed with Kaswe’s argument that service on the senator’s legal representative was adequate to infer her awareness of the proceedings.
He emphasized that due process must be observed in criminal trials, especially when an individual’s liberty is at stake.
“Proper procedures must be followed in criminal matters, especially where personal liberty is at stake,” the court held.
Following the dismissal of the arrest application, the prosecution applied for substituted service, requesting that the charge be officially served through Akpoti-Uduaghan’s counsel, Johnson Usman (SAN).
Justice Umar granted the application and scheduled the next hearing for June 30, when the senator is expected to be formally arraigned.
The defamation case arises from remarks made by Senator Akpoti-Uduaghan during a live television interview.
In the interview, she accused Senate President Godswill Akpabio and former Kogi State Governor Yahaya Bello of plotting to assassinate her.
The suit is being prosecuted by the Federal Government through the office of the Attorney General of the Federation.
In addition, a related defamation case stemming from the same televised comments is currently pending before the High Court of the Federal Capital Territory.
