AGF Approves Prosecution of Senator Andy Uba & Benjamin Etu

The Office of the Attorney-General of the Federation (AGF) has approved the prosecution of Senator Andy Uba and Benjamin Etu over N400 million fraud allegations raised by the Inspector-General of Police (IGP).

A.M. Abdullahi, counsel to the IGP, disclosed this to Justice Mohammed Umar of the Federal High Court in Abuja on Monday, following an amended charge that listed Uba and Benjamin Etu as the first and second defendants.

The prosecution accused Uba and others of obtaining money by false pretence, alleging they made a presentation to Mr. George Uboh claiming 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.

IGP Amended Charge 

In count one of the charges, 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. 

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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 allegation were based on documentary evidence and voice recordings.

He cited overwhelming evidence, with about six witnesses listed to testify against the ex-lawmaker and Etu.

At the last adjourned date before Justice Ekwo, the prosecution lawyer informed the court that the AGF had called for the case file for review, following a petition from the defendants.

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What Transpired in Court 

When the case was called on Monday, only Etu and his lawyer appeared, alongside the prosecution team.

•  Abdullahi stressed that the case was scheduled for the arraignment of the defendants.

However, C.F. Odiniru, representing Etu, told the court that at the last adjourned date, the matter was adjourned sine die (indefinitely) by the previous judge because the office of the AGF called for the case file for a review.  

• He added that, as the matter was listed for Monday, Uba was already abroad on medical grounds and could not be in court.
• The prosecution responded that the medical grounds claim by the defense was speculative, and requested documentary proof from the hospital where the ex-lawmaker was being treated.
• The prosecution further informed the court that after reviewing the matter, the Department of Public Prosecutions (DPP) of the Federation in the Federal Ministry of Justice had directed the police to continue with the case.

It has been directed by the office of the DPP that we should proceed, my lord, Abdullahi said.

• Odiniru responded that anyone could be ill and claimed that the subject matter of the charge had allegedly been settled.

What is funny is that the subject matter of this charge has been settled. The money has been paid, the lawyer said.

The defense counsel then sought an adjournment, promising that Uba would be present at the next adjourned date.

Justice Umar subsequently adjourned the matter until September 24 for the defendants to take their plea.