Abuja: The Attorney-General of the Federation (AGF) has given the Inspector-General of Police (I-G) permission to prosecute Senator Andy Uba over allegations of fraud amounting to N400 million.
I-G’s counsel, A.M. Abdullahi, told Justice Mohammed Umar of the Federal High Court in Abuja on Monday, upon resuming hearing in the matter.
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, as named in the two-count charge filed on October 10, 2024, by Abdulrashid Sidi in the Legal/Prosecution Section at the Police Force Headquarters, Abuja, were Crystal Uba and Benjamin Etu, as the 2nd and 3rd defendants, respectively.
However, in the amended charge filed on March 4 by Sidi, Uba and Etu are listed as the 1st and 2nd defendants, while Crystal Uba’s name has been dropped from the charge.
In count one, Uba, Etu, and Hajiya Fatima, now at large, were alleged to have conspired amongst themselves to commit the offence sometime in 2022.
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, stated that the petition was based on documentary evidence and voice recordings.
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, on the last adjourned date before Justice Ekwo, the prosecution lawyer informed the court that the AGF had requested a review of the case file, following a petition written by the defendants.
NAN reports that the case was reassigned 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 were in court.
Abdullahi, who appeared for the I-G, informed the court that the case was scheduled for the arraignment of the defendants.
However, C.F. Odiniru, who represented Etu, informed the court that on the last adjourned date, the matter was adjourned sine die (definitely) by the previous judge because the office of the AGF had requested the case file for review.
He stated that, as the matter was listed for Monday, the 1st defendant, Uba, was already abroad due to medical reasons.
Corroborating Odiniru’s submission, Abdullahi said the case was adjourned indefinitely due to the directive by the office of the AGF.
He, however, informed the court that after reviewing the matter, the office of the Department of Public Prosecutions (DPP) of the Federation, within the Federal Ministry of Justice, had directed the police to continue with the case.
“The office of the DPP has directed 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 medical attention when there was no documentary evidence.
He described the application as “speculative.”
Odiniru, who stated that anyone 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 on the next adjourned date.
Justice Umar, therefore, adjourned the matter until September 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 stated that this decision followed a careful review of the duplicate case file, charge number FHC/ABJ/CR/538/2024, filed against Uba and two others.
He, however, said that the investigation did not disclose any evidence linking the 2nd defendant (Crystal) to the commission of the alleged offences in the initial charge.