The Inspector Basic of Police (IGP), Kayode Egbetokun, on Thursday withdrew a N400 million fraud cost he filed in opposition to a former senator, Andy Uba, and his co-defendant, Benjamin Etu, on the Federal Excessive Courtroom in Abuja.
The matter was slated for the arraignment of the defendants on Thursday. Nonetheless, the IGP’s lawyer, Aminu Abdullahi, knowledgeable the trial decide, Muhammad Umar, that the prosecution had filed a discover of discontinuance.
He instructed the courtroom that Mr Uba, a former senator who represented Anambra South Senatorial District, and his co-defendant had paid the N400 million in query to the nominal complainant.
Mr Abdullahi added that the events had resolved and settled “all disputes, claims, and liabilities arising from or linked with the transaction.”
He additional defined that the discover of discontinuance was filed pursuant to Part 108(5) of the Administration of Legal Justice Act (ACJA), 2015. He urged the courtroom to terminate any additional proceedings within the case.
Mr Uba’s lawyer, C.F. Odiniru, didn’t oppose the discover of discontinuance. He, nevertheless, knowledgeable the courtroom that an affidavit of details of settlement had been served on the events and prayed the courtroom to dismiss the go well with somewhat than strike it out.
The affidavit, filed on 5 November and deposed to by the second defendant, Mr Etu, confirmed that “the nominal complainant, George Uboh, has acquired and acknowledged fee of the overall sum of N400 million as full refund of the stated quantity in dispute, as evidenced by a duly executed settlement settlement annexed and marked as Exhibit A.”
After listening to the submissions of each events, Decide Umar, in a brief ruling, granted the discover of discontinuance as prayed, struck out the costs, and discharged Mr Uba and his co-defendant.
The case
The police initially filed prison prices in opposition to Mr Uba, his spouse, Crystal Uba, and Mr Etu, accusing them of defrauding businessman George Uboh of N400 million.
The costs had been filed on 10 October final yr by Abdulrashid Sidi of the Authorized/Prosecution Part on the Drive Headquarters, Abuja.
The case, which was initially earlier than Decide Inyang Ekwo of the Federal Excessive Courtroom in Abuja, was reassigned to Decide Umar following Mr Ekwo’s one-year suspension in April by the Nationwide Judicial Council (NJC).
The police later filed amended prices on 4 March this yr, eradicating Mrs Uba from the record of defendants and retaining Mr Uba and Mr Etu.
Mr Uba, the prime suspect, represented Anambra South Senatorial District within the Nationwide Meeting from 2011 to 2019.
Amended prices
In depend one of many amended prices, the police alleged that Mr Uba, Mr Etu, and one Hajiya Fatima (stated to be at giant) conspired in 2022 to fraudulently receive the cash below the pretext of securing a federal appointment for Mr Uboh as Managing Director of the Niger Delta Development Commission (NDDC).
The cost said that the defendants made a presentation that was unfaithful and thereby dedicated an offence opposite to Part 8 and punishable below Part 1(3) of the Advance Price Fraud and Different Fraud Associated Offences Act, 2006.
Mr Uboh submitted his petition dated 5 April 2023 by the Inspector Basic of Police.
Approving the costs filed by the police, the Director of Public Prosecutions of the Federation (DPPF), Federal Ministry of Justice, M.B. Abubakar, in a letter dated 8 Might and addressed to the IGP’s workplace, stated there was adequate proof to prosecute Mr Uba, Mr Etu, and Hajiya Fatima, who remains to be at giant.
Mr Abubakar stated the choice adopted a cautious evaluation of the duplicate case file in cost quantity FHC/ABJ/CR/538/2024. He additionally clarified that the investigation discovered no proof linking Crystal Uba, who was initially named because the second defendant, to the alleged offence.
On 7 July, when the matter got here up for the defendants’ arraignment, prosecution lawyer Abdullahi knowledgeable Decide Umar that the Legal professional Basic of the Federation (AGF) had reviewed the case and directed the police to proceed with the prosecution.
Nonetheless, solely Mr Etu and the defence lawyer, Mr Odiniru, had been current. Mr Odiniru instructed the courtroom that Mr Uba had travelled to the USA for surgical procedure earlier than the amended prices had been served.
He added that he was stunned the matter was nonetheless ongoing, because the disputed cash had already been repaid. “The subject material of this cost has been settled,” he stated. The case was then adjourned till 24 September.
On that date, Mr Uba was once more absent, and Mr Abdullahi stated the previous senator’s constant absence confirmed disrespect for the courtroom and had stalled the trial.
He instructed the courtroom that for the reason that cost was filed in 2024, Mr Uba had by no means appeared for his arraignment. He subsequently requested the courtroom to difficulty a bench warrant in opposition to Mr Uba below Part 394 of the ACJA, 2015.
Nonetheless, after Mr Uba’s lawyer attributed his absence to ailing well being and pleaded for extra time for his consumer to seem, the decide warned {that a} bench warrant could be issued for his arrest if he failed to seem on the subsequent sitting, which was mounted for at present.
The case has now been withdrawn.
