*Withdraw Suit, Falana Tells FG
THE team of lawyers representing the suspended Kogi Central senator, Mrs. Natasha Akpoti-Uduaghan, on Wednesday, May 28, criticised what it termed disturbing pattern of selective justice, following the Federal Government’s decision to file criminal charges against her, despite several pending and unresolved petitions she lodged earlier.
The petitions border on cyberstalking, defamation, threats to life and an alleged assassination attempt against certain politicians, including Senate President, Godswill Akpabio, and former governor of Kogi State, yahaya Bello.
A statement by her Counsel, Uju Nwoduwu, listed 12 petitions she submitted between March and May this year, none of which have been acted upon by the Nigeria Police Force (NPF) and relevant security agencies, adding: “There is a legitimate public expectation that law enforcement and prosecutorial agencies uphold the principles of fairness, due process, and equal justice, regardless of who is involved.”
The team expressed concern that while Akpoti-Uduaghan’s petitions, involving high-ranking officials and incidents as grave as the abduction and attempted assassination of a protocol officer, remain unattended, counter-allegations filed by those she accused, including Akpabio and Bello, have been swiftly pursued, leading to criminal charges against her, saying the “glaring disparity raises serious concerns about a biased and uneven application of justice.”
Though currently abroad, but having received and acknowledged official communication regarding the charges, the embattled senator has pledged to make herself available for arraignment as soon as a date is set.
The legal team said “she remains resolute in her commitment to due process,” thanking those who have voiced concern over what they called “an extraordinarily questionable criminal charge.”
The reiterated its call for impartial investigations into all outstanding petitions and for justice to be applied equally, without fear or favour.
Meanwhile, human rights activist and Senior Advocate of Nigeria (SAN), Femi Falana, has urged the Federal Government to withdraw the criminal libel charge filed against Akpoti-Uduaghan by the office of the Attorney General of the Federation (AGF), Lateef Fagbemi.
Falana, in a statement, described the charge, based on the senator’s alleged defamatory remarks against Akpabio during a television appearance as unconstitutional and a violation of her right to freedom of expression.
Citing constitutional provisions and international human rights instruments, the senior lawyer said the charge runs contrary to Section 39 of the Nigerian Constitution and Article 9 of the African Charter on Human and Peoples’ Rights, arguing that the attempt to criminalise criticism of public office holders is not only outdated, but also unlawful under Nigeria’s democratic framework.
Falana recalled that in Arthur Nwankwo v. The State, in 1985, the Court of Appeal nullified the conviction of a writer who had criticised a sitting governor, declaring the sedition law used in that case unconstitutional.
He stated that the judgment warned against the dangers of retaining colonial-era laws that could be misused by authoritarian regimes, urging public office holders to seek redress through civil libel actions, rather than resort to criminal charges, as such legal measures undermine democratic freedoms and stifle open discourse.
He called on Nigerians to defend their hard-earned right to freedom of expression, stressing that criticism of those in power is a key feature of democratic governance and must not be met with intimidation or criminal prosecution.
According to the statement: “It was widely reported in the media last week that Senator Natasha Akpoti-Uduaghan had been charged with criminal libel by the office of the Attorney General of the Federation for allegedly defaming the Senate President, Godswill Akpabio, in a recent television programme.
“We call on the Federal Government to withdraw the charge of criminal libel filed against the embattled senator, as it constitutes a contravention of her fundamental right to freedom of expression guaranteed by Section 39 of the Constitution and Article 9 of the African Charter on Human and Peoples Rights Ratification and Enforcement Act Cap A9 Laws of the Federation of Nigeria, 2004.
“Once again, we are compelled to draw the attention of the Federal Government to the case of Arthur Nwankwo v. The State (1985) 6 NCLR 228, where the Anambra State High Court convicted and sentenced the appellant to one year imprisonment for publishing a book, which had exposed corrupt practices under Governor Jim Nwobodo of Anambra State.
“The Court of Appeal set aside the conviction and sentence on the grounds that Section 51 of the Criminal Code, which provided for sedition, was illegal and unconstitutional.”
