The Attorney-General of the Federation (AGF) has granted approval to the Inspector-General of Police to prosecute former Senator Andy Uba over allegations of fraud amounting to N400 million.
Counsel to the Inspector-General (I-G), A.M. Abdullahi, disclosed this on Monday during a resumed hearing before Justice Mohammed Umar of the Federal High Court, Abuja.
The prosecution had previously amended a two-count charge initially filed on 5 March against Uba and his co-defendant, Benjamin Etu, before former trial judge, Justice Inyang Ekwo.
In the original charge, marked FHC/ABJ/CR/538/2024, the police had named Uba, who formerly represented Anambra South Senatorial District, alongside Crystal Uba and Benjamin Etu as the 1st, 2nd, and 3rd defendants, respectively. However, the amended charge, filed on 4 March by police prosecutor Abdulrashid Sidi, removed Crystal Uba’s name, listing only Uba and Etu as defendants.
In count one, Uba, Etu, and one Hajiya Fatima who is currently at large were alleged to have conspired in 2022 to obtain money under false pretences. The defendants were accused of deceiving one Mr George Uboh by claiming they could influence the appointment of a Managing Director for the Niger Delta Development Commission (NDDC) in exchange for N400 million.
Also Read: Alleged Fraud: Court Grants ₦20m Bail to Mercy Chinwo’s Ex-Manager
The offence contravenes Section 8 and is punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
Uboh, in a petition dated 5 April 2023 to the I-G, supported his claims with documents and voice recordings, which he described as “overwhelming and irrefutable.” No fewer than six witnesses have been listed to testify against the accused.
During previous proceedings before Justice Ekwo, the prosecution had informed the court that the AGF had requested the case file for review following a petition by the defendants. The case was subsequently re-assigned to Justice Umar after the suspension of Justice Ekwo by the National Judicial Council (NJC).
On Monday, only Etu and his counsel, C.F. Odiniru, were present in court. Abdullahi informed the court that the matter was listed for the arraignment of the defendants.
However, Odiniru argued that the matter had previously been adjourned sine die (indefinitely) due to the AGF’s review. He also informed the court that Senator Uba was currently abroad receiving medical treatment.
Abdullahi confirmed that the AGF’s office had indeed requested the case file, but said that following the review, the Department of Public Prosecutions (DPP) at the Federal Ministry of Justice had directed the police to proceed with the prosecution.
“It has been directed by the office of the DPP that we should proceed, my Lord,” Abdullahi said.
He, however, expressed surprise at the claim that Uba was receiving treatment abroad, noting that no medical report or official documentation had been submitted to the court. He described the claim as speculative.
In response, Odiniru argued that anyone could fall ill and informed the court that the subject matter of the charge had already been settled, with the money in question allegedly refunded.
“What is interesting is that the subject matter of this charge has been settled. The money has been paid,” he said, while seeking an adjournment and assuring the court that Uba would be present on the next date.
Justice Umar adjourned the matter to 24 September for the arraignment of the defendants.
Meanwhile, in a letter dated 8 May and addressed to the I-G, the DPP, M.B. Abubakar, confirmed that a prima facie case had been established against Uba, Etu, and Hajiya Fatima, followed a careful review of the case file.
However, the DPP concluded that there was no evidence linking the previously listed second defendant, Crystal Uba, to the alleged offences and ordered her removal from the amended charge.
