The Attorney-General of the Federation (AGF) has given the Inspector-General (I-G) of Police the permission to prosecute Sen. Andy Uba over allegations bordering on fraud to the tune of N400 million.
I-G’s counsel, A.M. Abdullahi, told Justice Mohammed Umar of the Federal High Court in Abuja on Monday upon resumed hearing in 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.
The police had earlier named Uba, the former Senator representing Anambra South, and two others in the first charge marked: FHC/ABJ/CR/538/2024.
The co-defendants, in the two-count charge filed Oct. 10, 2024 by Abdulrashid Sidi in the Legal/Prosecution Section at the Police Force Headquarters, Abuja, were Crystal Uba and Benjamin Etu as 2nd and 3rd defendants respectively.
But in the amended charge filed March 4 by Sidi, Uba and Etu are listed as 1st and 2nd defendants, while Crystal Uba’s name had been dropped form the charge.
In count one, Uba, Etu and Hajiya Fatima now at large, sometimes in 2022, were alleged to have conspired amongst themselves to commit the offence.
Uba and others were accused of obtaining by false pretence, by making a presentation to Mr George Uboh that they had perfected ways for the appointment of the Managing Director of Niger Delta Development Commission (NDDC) to any interested persons who could afford N400 million.
“A presentation which you know is not true 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.”
The offence, the prosecution said, is contrary to Section 1 (2) and punishable under Section 1 (3) of the Advance Fee Fraud and other Fraud Related offences Act, 2006,” the count read in part.
Uboh, in a letter dated April 5, 2023, and addressed to the I-G, said the petition was based on documentary and voice recording.
According to Uboh, the evidence is overwhelming and irrefutable.
No fewer than six witnesses had been listed to testify against the ex-lawmaker and Etu.
However, in the last adjourned date before Justice Ekwo, the prosecution lawyer informed the court that the AGF had called for the case file for a review, following a petition written by the defendants.
NAN reports that the case was re-assigned to Justice Umar, following the suspension of the former judge by the National Judicial Council (NJC).
Meanwhile, when the case was called on Monday, only Etu and his lawyer was in court.
Abdullahi, who appeared for the I-G, informed the court that the case was scheduled for the arraignment of the defendants.
But C.F. Odiniru, who represented Etu, told the court that in the last adjourned date, the matter was adjourned sine die (definitely) by the previous judge because the office of the AGF called for the case file for a review.
He said as the matter was listed for Monday, the 1st defendant, Uba, was already abroad on medical ground.
Corroborating Odiniru’s submission, Abdullahi said the case was adjourned indefinitely due to the directive by the office of the AGF.
He, however, told the court that after the review of the matter, the office of the Department of Public Prosecutions (DPP) of the Federation in the Federal Ministry of Justice had directed the police to continue with the case.
“It has been directed by the office of the DPP that we should proceed my lord,” he said.
The prosecuting lawyer however expressed surprise that the defence lawyer told the court that Uba was in the U.S for a medical attention when there was no documentary evidence.
He described the application as “speculative.”
Odiniru, who said anybody could be ill, told the court that the subject matter of the charge had been settled.
“What is funny is that the subject matter of this charge has been settled. The money has been paid,” he said.
He, however, sought an adjournment, assuring that Uba would be in court in the next adjourned date.
Justice Umar therefore adjourned the matter until Sept. 24 for the defendants to take their plea.
Meanwhile, the DPP, M.B. Abubakar, in a letter written to the I-G on May 8 and the certified true copy sighted on Monday, said that “a prima facie case exists against the 1st defendant (Uba), 3rd defendants (Etu) and one Hajia Fatima (now at large).”
In the letter signed by Abubakar, he said this followed a careful review of the duplicate case file in charge number: FHC/ABJ/CR/538/2024 filed against Uba and two others.
He, however, said the investigation did not disclose any evidence linking the 2nd defendants (Crystal ), in the initial charge, to the commission of the alleged offences.
