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From Godwin Tsa, Abuja
The Abuja Division of the Federal High Court has declined a request by the Inspector General of Police (IGP), Kayode Egbetokun, to issue a bench warrant for the arrest of Senator Andy Uba over an alleged N400 million job scam.
Rather, Justice Mohammed Umar said he was giving the former senator another opportunity to appear in court for his arraignment.
Uba and others were accused of obtaining by false pretence, by making a presentation to Mr George Uboh that they had perfected ways for giving appointment as Managing Director of Niger Delta Development Commission, NDDC, to any interested person who could afford N400 million.
A presentation which, the police said, he knew was 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 stated.
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.
However, following the persistent absence of Uba to appear in court for arraignment over the alleged appointment fraud.
The trial judge, Justice Mohammed Umar, had in July slated Wednesday for the arraignment of Uba and his co-defendant, Benjamin Etu.
When the charge marked FHC/ABJ/CR/538/2024 was called yesterday, counsel to the defendants, C. L. Odiniru, apologised for Uba’s absence and said the former senator is sick and receiving treatment in the United States.
However, counsel to the prosecution, Aminu Abdullahi, told the court that the defence counsel had, during previous proceedings in the matter, given sickness as reason for the absence of the first defendant without adducing any documentary evidence to show that he is actually sick and cannot face his trial.
Abdullahi asked the court to issue a bench warrant for the arrest of the former senator.
Responding, the defence counsel, Odiniru, opposed the application for a bench warrant and, following a directive of the court, said the defence has obtained documents showing that Uba is receiving treatment abroad.
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In objecting to the submissions of the defence counsel, Abdullahi said granting the application for a bench warrant would be in the best interest of justice.
Justice Umar, who was irked by the repeated absence of Andy Uba, said the court would do whatever it takes to ensure that he is present to face his trial if he failed to come to court on the next adjourned date.
“I will give you another opportunity by giving you another date. This case must be heard this year. Even if it means issuing a bench warrant of arrest, the court will do that,” the judge said and adjourned the matter till October 28, 2025, for Uba and his co-defendant to take their plea.
The prosecution had, on March 5, 2025, amended a two-count charge filed against Uba and his co-defendant, Benjamin Etu, 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.
The co-defendants, 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 2nd and 3rd defendants, respectively.
But in the amended charge filed March 4, 2025, by Sidi, Uba and Etu are listed as 1st and 2nd defendants, while Crystal Uba’s name was dropped.
In count one, it was alleged that Uba, Etu and Hajiya Fatima, now at large, sometimes in 2022, conspired amongst themselves to commit the offence.
Uboh, in a letter dated April 5, 2023, and addressed to the IGP, said the petition was based on documentary evidence and voice recording, adding that the evidence is overwhelming and irrefutable.
No fewer than six witnesses had been listed to testify against the ex-lawmaker and Etu.
The case was re-assigned to Justice Umar, following the suspension of the former judge, Justice Inyang Ekwo, by the National Judicial Council, NJC.
