The Attorney-General of the Federation (AGF) has granted the Inspector-General (I-G) of Police permission to prosecute Senator Andy Uba over allegations of fraud amounting to N400 million.
Counsel to the I-G, A.M. Abdullahi, informed Justice Mohammed Umar of the Federal High Court in Abuja on Monday during the resumed hearing of the matter.
The News Agency of Nigeria (NAN) reports that the prosecution had, on March 5, amended a two-count charge filed against Uba and his co-defendant, Benjamin Etu, before the former trial judge, Justice Inyang Ekwo.
In the initial charge marked FHC/ABJ/CR/538/2024, the police named Uba, the former Senator representing Anambra South, and two others—Crystal Uba and Benjamin Etu—as 1st, 2nd, and 3rd defendants respectively.
However, in the amended charge filed on March 4 by Abdulrashid Sidi of the Legal/Prosecution Section at the Police Force Headquarters, only Uba and Etu remained as 1st and 2nd defendants, while Crystal Uba’s name was dropped from the case.
In Count One, Uba, Etu, and one Hajiya Fatima (now at large) were alleged to have conspired in 2022 to commit the offence of obtaining money by false pretence. They were accused of making a false representation to Mr. George Uboh, claiming they had perfected arrangements for the appointment of a Managing Director of the Niger Delta Development Commission (NDDC) for any interested person who could afford N400 million.
“A presentation which you knew to be false, thereby committing an offence contrary to Section 8 and punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006,” the charge reads.
Uboh, in a petition dated April 5, 2023, addressed to the I-G, said the allegations were supported by documentary evidence and voice recordings, which he described as “overwhelming and irrefutable.”
No fewer than six witnesses have been listed to testify against Uba and Etu.
At the last hearing before Justice Ekwo, the prosecution disclosed that the AGF had called for the case file following a petition by the defendants, prompting a review. NAN reports that the case was reassigned to Justice Umar after Justice Ekwo’s suspension by the National Judicial Council (NJC).
When the case resumed on Monday, only Etu and his lawyer were present in court.
Abdullahi informed the court that the matter was scheduled for the arraignment of the defendants. However, C.F. Odiniru, counsel for Etu, reminded the court that the previous judge had adjourned the matter sine die because the AGF’s office had requested a review.
He added that Uba, the 1st defendant, was currently abroad for medical treatment.
Abdullahi confirmed Odiniru’s statement, saying the DPP of the Federation had since concluded the review and directed the police to proceed with prosecution.
“It has been directed by the office of the DPP that we should proceed, my Lord,” he said.
Abdullahi expressed surprise at the claim that Uba was receiving medical attention in the U.S., noting that no documentary proof was presented. He described the excuse as “speculative.”
In response, Odiniru argued that illness can happen to anyone and claimed that the subject matter of the charge had already been settled.
“What is funny is that the subject matter of this charge has been settled. The money has been paid,” he told the court, while seeking an adjournment and assuring that Uba would be present at the next hearing.
Justice Umar adjourned the matter until September 24 for the defendants to take their plea.
Meanwhile, a letter signed by the DPP, M.B. Abubakar, and addressed to the I-G on May 8—sighted by NAN—confirmed that “a prima facie case exists against the 1st defendant (Uba), 2nd defendant (Etu), and one Hajiya Fatima (now at large).”
