Abuja: The Inspector-General (I-G) of Police, on Thursday, withdrew the fraud charge filed against Sen. Andy Uba and Benjamin Etu, after the refund of the disputed N400 million to the nominal complainant, Dr George Uboh.
I-G’s lawyer, Aminu Abdullahi, informed Justice Mohammed Umar of the Federal High Court in Abuja that the defendants had paid the disputed money.
When the matter was called for the arraignment of Uba and Etu, Abdullahi informed the court that the prosecution had filed a notice of discontinuance, following an amicable settlement of the issue by the parties.
He said a notice of discontinuance was filed pursuant to Section 108(5) of the Administration of Criminal Justice Act (ACJA) 2015 and urged the court to terminate any further proceedings in the case forthwith.
“We filed and served a notice of discontinuance this morning,” he said.
According to Abdullahi, the suspects and the nominal complainant have amicably resolved and settled all disputes, claims and liabilities arising from or connected with the transaction.
He told the court that Uba, the former Senator representing Anambra South Senatorial District and his co-defendant had paid the sum of N400 million involved in the charge to the nominal complainant.
The defence lawyer, C.F. Odiniru, did not oppose the application for withdrawal of the case.
Odiniru, however, stated that an affidavit of facts had been filed and served, informing the court of the circumstances that led to an amicable resolution.
Responding, Justice Umar said that events had overtaken it.
Odiniru then prayed the court to dismiss the charge, rather than striking it out, since the parties were now at peace with one another and there was no further disagreement.
He stated that his request for dismissal of the charge was in line with Section 108(3) of the ACJA, 2015.
In the affidavit of facts dated and filed on Nov. 5, Etu averred that the nominal complainant (Dr Uboh) had received and acknowledged payment of the total sum of N400 million as a full refund of the said amount in dispute, as evidenced by a duly executed settlement agreement annexed and marked as Exhibit A.
Etu also said that he had the consent and authority of Sen. Uba to depose to the affidavit on his behalf.
Justice Umar, in a ruling, granted the notice of discontinuance as prayed by the police, struck out the charges and discharged Andy Uba and Etu.
The judge had, on Sept. 24, threatened to issue a bench warrant for Uba’s arrest if he failed to appear in court to stand trial.
The development followed an application by Abdullahi for a bench warrant to be issued against Uba, in line with Section 394 of the Administration of Criminal Justice Act (ACJA), 2015, due to his continuous absence in court.
Abdullahi had said that Uba’s consistent absence had shown disrespect to the court, which had also stalled his trial.
He said since the charge was filed in 2024, Uba had never appeared in court.
Odiniru, however, pleaded for more time to allow his client to present himself in court.
The lawyer attributed Uba’s absence to his ill-health.
The judge, who adjourned the matter, said: “I will give you the last opportunity.”
The Attorney-General of the Federation (AGF) had, on July 7, given the I-G the permission to prosecute Uba and Etu.
The prosecution had, on March 5, amended a two-count charge filed against Uba and his co-defendant before the former trial judge, Justice Inyang Ekwo.
The police had earlier named Uba and two others in the first charge marked: FHC/ABJ/CR/538/2024.
Uba’s co-defendants, as listed 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 allegedly to have conspired amongst themselves to commit the offence sometime in 2022.
Uba and others were accused of obtaining money by false pretences, by making a presentation to Mr George Uboh that they had perfected a method for appointing the Managing Director of the Niger Delta Development Commission (NDDC) to any interested person 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.
The prosecution stated that it had intended to call six witnesses to testify against the former lawmaker and Etu.
