The Federal High Court, Abuja, on Monday, rejected an application by the Federal Government to issue a bench warrant against suspended Kogi Central Senator Natasha Akpoti-Uduaghan in an alleged defamation case against her.
The government is prosecuting Akpoti-Uduaghan on behalf of Senate President Godswill Akpabio and former Kogi Governor, Yahaya Bello.
When the matter was called on Monday, the prosecuting counsel, Mr. D.D. Kasue, told the court that the matter was for arraignment but that the defendant was not in court.
Kasue told the court that he served the charge on the defendant’s counsel which meant that the defendant was well aware of the matter.
The prosecutor prayed the court for a bench warrant to be issued against the defendant for failing to appear in court in spite of being aware of the charge against her.
“It was this morning that we were able to serve the defendant through her counsel but the defendant is not in court.
“So it means the defendant is aware of this matter but decided not to appear in court, in the light of this, I apply that a bench warrant be issued against her for failure to attend court to take her plea in this criminal charge,” Kasue said.
Counsel to Akpoti-Uduaghan, Mr Jacob Usman, SAN, in a swift reaction, told the court that he found the application of the prosecution strange and uncourteous.
Usman told the court that when he got wind of the pendency of the suit, he called the prosecutor to let him know that his client had asked him to receive the charge on her behalf.
“I was served the charge at 9:15 this morning here in court so how will the defendant know that the matter is coming up when she has not seen the charge?
“I find the application strange and it should be dishonoured, if the defendant has not been served, she cannot be in court,” he said.
He prayed the court to dis-countenance the application as it was made in bad taste.
The trial judge, Justice Musa Umar, asked the prosecutor if he had served the charge on the defendant to which he answered in the negative.
Justice Umar, therefore, said that it was impossible to grant the application of the prosecutor and issue a bench warrant for the arrest of the defendant when she had not been served.
He refused the application for a bench warrant and rather granted the application for substituted service through her counsel which the prosecutor made in what seemed to be an afterthought.
The judge adjourned the matter until June 30 for arraignment.
