The Federal High Court in Abuja presided over by Justice Mohammed Umar on Wednesday gave Senator Andy Uba the “last opportunity” to appear for the alleged N400 million fraud arraignment proceedings filed by the Inspector-General of Police (IGP).
Justice Mohammed Umar said this after expressing dissatisfaction with the repeated medical grounds cited by Barrister C.F. Odiniru on behalf of Uba.
It was gathered that in its amended charge, the prosecution accused Uba, Benjamin Etu, and another person of obtaining money by false pretence, alleging they presented Mr. George Uboh with a claim that they could secure the appointment of the Managing Director of the Niger Delta Development Commission (NDDC) for any interested person able to pay N400 million.
In count one of the charge, Uba, Etu, and Hajiya Fatima (now at large) allegedly conspired in 2022 to commit the offence.
“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 charge partly reads.
According to the prosecution, George Uboh, the nominal complainant, stated in a letter dated April 5, 2023, addressed to the IGP, that the petition and allegations were based on documentary evidence and voice recordings.
Uboh cited evidence, with about six witnesses listed to testify against the ex-lawmaker and Etu.
At previous adjourned dates before the court, the prosecution lawyer informed the court that the Attorney General of the Federation approved the prosecution of the suspects, while Uba maintained he was sick.
What Transpired in Court
At the resumed proceedings, A.M. Abdullahi, counsel to the IGP, said the prosecution cannot understand the constant medical reasons given by Uba without providing any cogent evidential ground.
“Today he (Odiniru) is saying the same thing. Ever since the matter was filed, the first defendant (Uba) has not appeared,” he said.
He then orally applied for a bench warrant under the Administration of Criminal Justice Act 2015 against Uba, alleging his non-appearance is an act of disrespect to the court and aimed at delaying the cause of justice.
Odiniru opposed the prosecution’s application for a bench warrant, adding he has consistently informed the court that Uba was unwell and was out of the country (in the United States).
The lawyer said he had furnished documents to show the prosecution that the first defendant had been scheduled to visit the hospital in the United States up till October 31, 2025.
Odiniru said that the duty of the prosecution is to get a proper person to stand trial, maintaining that Uba has not absconded.
Responding to parties, Justice Umar queried Odiniru’s line of submission, asking, “Are you saying that we should wait for him(Uba) for like ten years? Have you seen where someone is brought to court on a stretcher?”
The judge cautioned the lawyer against playing any “game” with the court, adding that there has to be an end to litigation.
“If by the next adjourned date he (Uba) refuses to come, whatever it takes to make him come, we will do that.
“I give you the last opportunity by giving you another date. This case must be heard this year,” the judge told Odiniru.
Justice Umar subsequently adjourned to October 28, 2025, for plea.
