The Inspector-General of Police (IGP), 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 complaint, Dr George Uboh.
IGP’s lawyer, Aminu Abdullahi, informed Justice Mohammed Umar of the Federal High Court in Abuja that the money in dispute had been paid by the defendants.
When the matter was called for arraignment of Uba and Etu, Abdullahi told the court that the prosecution had filed a notice of discontinuance following an amicable settlement of the issue by parties.
He said a notice of discontinuance was filed pursuant to Section 108(5) of Administration of Criminal Justice Act (ACJA) 2015 and urged the court to terminate any further proceedings into 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, 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, said that an affidavit of facts had been filed and served, informing the court of their circumstances in reaching amicable resolution.
Responding, Justice Umar said that it had been overtaken by events.
Odiniru then prayed the court to dismiss the charge, rather than striking it out since parties were now happy with one another and that there was no more disagreement.
He said his request for dismissal of the charge was in line with Section 108(3) of ACJA, 2015.
In the affidavit of facts dated and filed on November 5, Etu averred that the nominal complainant (Dr Uboh) had received and acknowledged payment of the total sum of N400 million as 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 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 September 24, threatened to issue a bench warrant for the arrest of Uba if he fails to appear in court to stand his trial.
The development followed an application by 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.
Abdullahi had said that 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, pleaded for more time to allow his client present himself in court.
The lawyer hinged Uba’s absence on 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 IGP 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, in the two-count charge filed October 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.
The prosecution said it had intended to call six witnesses to testify against the ex-lawmaker and Etu.
