The Inspector General of Police (IGP), Kayode Egbetokun, on Thursday withdrew a N400 million fraud charge he filed against a former senator, Andy Uba, and his co-defendant, Benjamin Etu, at the Federal High Court in Abuja.
The matter was slated for the arraignment of the defendants on Thursday. However, the IGP’s lawyer, Aminu Abdullahi, informed the trial judge, Muhammad Umar, that the prosecution had filed a notice of discontinuance.
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He told the court that Mr Uba, a former senator who represented Anambra South Senatorial District, and his co-defendant had paid the N400 million in question to the nominal complainant.
Mr Abdullahi added that the parties had resolved and settled “all disputes, claims, and liabilities arising from or connected with the transaction.”
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He further explained that the notice of discontinuance was filed pursuant to Section 108(5) of the Administration of Criminal Justice Act (ACJA), 2015. He urged the court to terminate any further proceedings in the case.
Mr Uba’s lawyer, C.F. Odiniru, did not oppose the notice of discontinuance. He, however, informed the court that an affidavit of facts of settlement had been served on the parties and prayed the court to dismiss the suit rather than strike it out.
The affidavit, filed on 5 November and deposed to by the second defendant, Mr Etu, showed that “the nominal complainant, George Uboh, has received and acknowledged payment of the total sum of N400 million as full refund of the said amount in dispute, as evidenced by a duly executed settlement agreement annexed and marked as Exhibit A.”
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After hearing the submissions of both parties, Judge Umar, in a short ruling, granted the notice of discontinuance as prayed, struck out the charges, and discharged Mr Uba and his co-defendant.
The case
The police initially filed criminal charges against Mr Uba, his wife, Crystal Uba, and Mr Etu, accusing them of defrauding businessman George Uboh of N400 million.
The charges were filed on 10 October last year by Abdulrashid Sidi of the Legal/Prosecution Section at the Force Headquarters, Abuja.
The case, which was initially before Judge Inyang Ekwo of the Federal High Court in Abuja, was reassigned to Judge Umar following Mr Ekwo’s one-year suspension in April by the National Judicial Council (NJC).
The police later filed amended charges on 4 March this year, removing Mrs Uba from the list of defendants and retaining Mr Uba and Mr Etu.
Mr Uba, the prime suspect, represented Anambra South Senatorial District in the National Assembly from 2011 to 2019.
Amended charges
In count one of the amended charges, the police alleged that Mr Uba, Mr Etu, and one Hajiya Fatima (said to be at large) conspired in 2022 to fraudulently obtain the money under the pretext of securing a federal appointment for Mr Uboh as Managing Director of the Niger Delta Development Commission (NDDC).
The charge stated that the defendants made a presentation that was untrue and thereby committed an offence contrary to Section 8 and punishable under Section 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.
Mr Uboh submitted his petition dated 5 April 2023 through the Inspector General of Police.
Approving the charges filed by the police, the Director of Public Prosecutions of the Federation (DPPF), Federal Ministry of Justice, M.B. Abubakar, in a letter dated 8 May and addressed to the IGP’s office, said there was sufficient evidence to prosecute Mr Uba, Mr Etu, and Hajiya Fatima, who is still at large.
Mr Abubakar said the decision followed a careful review of the duplicate case file in charge number FHC/ABJ/CR/538/2024. He also clarified that the investigation found no evidence linking Crystal Uba, who was initially named as the second defendant, to the alleged offence.
On 7 July, when the matter came up for the defendants’ arraignment, prosecution lawyer Abdullahi informed Judge Umar that the Attorney General of the Federation (AGF) had reviewed the case and directed the police to proceed with the prosecution.
However, only Mr Etu and the defence lawyer, Mr Odiniru, were present. Mr Odiniru told the court that Mr Uba had travelled to the United States for surgery before the amended charges were served.
He added that he was surprised the matter was still ongoing, as the disputed money had already been repaid. “The subject matter of this charge has been settled,” he said. The case was then adjourned until 24 September.
On that date, Mr Uba was again absent, and Mr Abdullahi said the former senator’s consistent absence showed disrespect for the court and had stalled the trial.
He told the court that since the charge was filed in 2024, Mr Uba had never appeared for his arraignment. He subsequently asked the court to issue a bench warrant against Mr Uba under Section 394 of the ACJA, 2015.
However, after Mr Uba’s lawyer attributed his absence to ill health and pleaded for more time for his client to appear, the judge warned that a bench warrant would be issued for his arrest if he failed to appear at the next sitting, which was fixed for today.
The case has now been withdrawn.
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