The Federal High Court in Abuja, on Wednesday, threatened to issue a bench warrant for the arrest of Senator Andy Uba if he fails to appear in court on October 28 to stand his trial.
Uba and his co-accused, Benjamin Etu, are being prosecuted on allegations bordering on fraud to the tune of N400 million.
Justice Mohammed Umar gave the warning after Uba’s lawyer, C.F. Odiniru, pleaded for more time to allow his client present himself in court.
The development followed an application made by the I-G’s counsel, Aminu Abdullahi, that a bench warrant be issued against Uba in line with Section 394 of Administration of Criminal Justice Act (ACJA), 2015, following his continuous absence in court.
When the matter was called on Wednesday, Etu stepped into the dock but Uba was conspicuously absent.
Odiniru then apologised over Uba’s inability to be in court.
“We apologise for the absence of the 1st defendant (Uba) who is unavoidably absent due to illness,” the lawyer said.
Abdullahi, who said Uba’s consistent absence was unbearable, said the same excuse was adduced by Odiniru for his absence in court in July when the matter came up.
“We reluctantly accepted and the matter was adjourned.
“And today, the same reason was advanced.
“My lord, we cannot fold our arms and continue this way.
“We will be applying for a bench warrant under Section 394 of ACJA, 2015 against the 1st defendant,” he said.
Abdullahi said Uba”s consistent absence had shown a disrespect to the court which had equally stalled his trial.
He said since the charge was filed in 2024, Uba had never appeared in court.
Odiniru, however, opposed Abdullahi’s application for a bench warrant.
“We are opposing this application because consistently before the court, we have informed the court that the 1st defendant is ill and out of the country,” he said.
He said Uba, currently, was receiving treatment at a United States’ hospital.
He said he had also furnished Abdullahi with documents detailing Uba’s state of health before the court proceeding commenced in the morning, in accordance with the court directive which was made in the last adjourned date.
“I told him (Abdullahi) and showed him the documents. These applications for bench warrant, my lord, are made for an absconding suspects, and not for a person like the 1st defendant.
“Section 37 of ACJA says if you are interested in bench warrant, you should go by oath,” Odiniru submitted.
“So, what you are saying is that we are going to remain this way even if it will take 10 years?
“Have you seen where a person has been brought to court on stretcher?” the judge asked Odiniru rhetorically.
Responding, Odiniru said there were procedures the prosecution could take to confirm if what he was saying was true or false.
But Abdullahi disagreed with Odiniru’s submission.
The lawyer said contrary to Odiniru’s argument, he was not furnished with any documents about Uba’s ill health.
He said Odiniru’s submission was mere speculation.
“He is just reprobating and approbating my lord,” he said.
“He (Odiniru) didn’t make any attempt to call me for anything my lord because he knows that what he is holding are not acceptable,” he said.
He, therefore, opposed Odiniru’s plea, while urging the court to grant his request for a bench warrant.
“I will give you the last opportunity,” the judge told Odiniru.
Justice Umar advised the lawyer to ensure that Uba is in court in the next adjourned date.
The judge subsequently adjourned the matter until October 28 for plea.
The Attorney-General of the Federation (AGF) had, on July 7, given the Inspector-General of Police 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, the former Senator representing Anambra South, and two others in the first charge marked: FHC/ABJ/CR/538/2024.
Uba’s co-defendants, in the two-count charge filed Oct. 10, 2024 by Abdulrashid Sidi in the Legal/Prosecution Section at the Police Force Headquarters, Abuja, were Crystal Uba and Benjamin Etu as 2nd and 3rd defendants respectively.
But in the amended charge filed March 4 by Sidi, Uba and Etu are listed as 1st and 2nd defendants, while Crystal Uba’s name had been dropped form the charge.
In count one, Uba, Etu and Hajiya Fatima now at large, sometimes in 2022, were alleged to have conspired amongst themselves to commit the offence.
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 IGP, said the petition was based on documentary and voice recording.
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.
