Withdrawal of Fraud Charge Against Senator Andy Uba
The Inspector General of Police (IGP), Kayode Egbetokun, has withdrawn a N400 million fraud charge against Senator Andy Uba and his co-defendant, Benjamin Etu, before a Federal High Court in Abuja. This development came after the matter was called for arraignment, with counsel to the IGP, Aminu Abdullahi, informing the court that the prosecution had filed a notice of discontinuance following an amicable settlement between the parties involved.
Abdullahi explained that the notice of discontinuance was submitted under Section 108(5) of the Administration of Criminal Justice Act (ACJA) 2015. He urged the court to terminate further proceedings in the case immediately. According to the IGP’s lawyer, both the defendants and the nominal complainant have resolved all disputes, claims, and liabilities related to the transaction.
He added that Uba, the former Senator representing Anambra South Senatorial District, and his co-defendant had paid the N400 million involved in the charge to the nominal complainant. The defendants’ counsel, C.F. Odiniru, confirmed that their clients were not opposed to the notice of discontinuance but had filed an affidavit of facts to inform the court about the settlement and request the dismissal of the case instead of striking it out.
Benjamin Etu, the second defendant, stated in the affidavit of facts filed on November 5 that Dr George Uboh, the nominal complainant, had received and acknowledged the full payment of N400 million as a refund. This was supported by a settlement agreement marked as Exhibit A.
After hearing submissions from both sides, the trial judge, Justice Mohammed Umar, granted the notice of discontinuance and struck out the charges, discharging Uba and Etu from the case.
Background of the Case
The case began when the IGP sought to prosecute Uba and Etu for fraud. The Attorney-General of the Federation (AGF) had given the IGP permission to proceed with the prosecution on July 7. The original charge was filed on March 5, 2024, and later amended by Abdulrashid Sidi, who listed Uba and Etu as the first and second defendants, respectively.
Initially, the police named Uba and two others in the first charge marked: FHC/ABJ/CR/538/2024. In the amended charge, Crystal Uba’s name was removed, and Hajiya Fatima, who is now at large, was included.
In count one of the charge, Uba, Etu, and Hajiya Fatima were accused of conspiring to commit fraud. They were alleged to have made false claims to Dr George Uboh about arranging appointments for the Managing Director of the Niger Delta Development Commission (NDDC) for interested parties who could pay N400 million.
Uboh, in a letter dated April 5, 2023, addressed to the IGP, claimed that the evidence against Uba was overwhelming and irrefutable, based on documentary and voice recording evidence.
Previous Developments
The case faced several procedural challenges. On September 24, the judge had threatened to issue a bench warrant for Uba’s arrest if he failed to appear in court. Abdullahi had requested the warrant under Section 394 of ACJA 2015, citing Uba’s continuous absence as disrespectful to the court and delaying the trial.
Odiniru had pleaded for more time, arguing that Uba’s absence was due to ill health. The judge had previously given Uba the last opportunity to appear in court and take his plea.
Conclusion
The withdrawal of the fraud charge marks a significant turn in the legal battle involving Senator Andy Uba. The resolution through an amicable settlement highlights the importance of negotiation in resolving legal disputes. With the charges dismissed, Uba and Etu are no longer facing criminal liability in this matter. However, the case underscores the complexities of legal proceedings and the role of judicial discretion in such matters.