Alleged N400m Fraud Senator Uba, others evading trial, police tells court

ABUJA–The Nigeria Police Force, NPF, on Thursday, approached the Federal High Court in Abuja, praying for permission to paste a copy of a two-count charge it filed against a former lawmaker for Anambra South Senatorial District, Senator Andy Uba, at the gate of his Abuja residence.

In an ex-parte application, brought before the court, police, through its lawyer Mr M. C. Anthony, accused the ex-lawmaker and his two co-defendants of evading service of the charge on them.

Police said its request for substituted service of the charge on the defendants, was predicated on Order 6, Rule 5(b), d(I), 5(e), and 8 of the FHC (Civil Procedure) Rules, 2019.

However, trial Justice Inyang Ekwo noted that the application ought to have been filed under the relevant provisions of the Administration of Criminal Justice Act, ACJA, 2015.

Consequently, he directed the prosecution to go back and put its house in order, even as the court adjourned the matter till February 18 for the arraignment of the defendants.

Police had in the charge that was filed in the name of the Inspector General of Police, alleged that the defendants were involved in a N400million fraud.

It told the court that the defendants defrauded one Mr. George Uboh, whose petition led to the charge.

Those cited as 2nd and 3rd defendants in the charge marked: FHC/ABJ/CR/538/2024, which was filed before the court on October 10, 2024, are; Crystal Chidinma Uba and Benjamin Etu.

Specifically, police alleged that the defendants, alongside one Hajiya Fatima who was said to be at large, had sometimes in 2022, conspired and defrauded the complainant.

The former lawmaker and his co-defendants were accused of obtaining by false pretence, by making a presentation to Mr Uboh that they had perfected a way to secure the position of the Managing Directorship of Niger Delta Development Commission, NDDC, for any person that could afford the sum of N400 million.

The prosecution told the court that the defendants knew that the claim they made in the presentation was not true.

They were said to have 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.

More so, in count two of the charge, the IGP alleged that the defendants and Fatima (at large), had in 2022, conspired amongst themselves to defraud, and induced Uboh with a presentation that they had perfected a way to give an appointment of the post of MD of the NDDC to who could afford the N400m.

The defendants were said to have obtained the money and converted it into their personal use, and thereby committed an offence contrary to Section 1 (2) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

Processes before the court indicated that Uboh had in a letter dated April 5, 2023, and addressed to the IGP, detailed how he was allegedly defrauded.

The petition was said to have been supported by both documentary evidence and voice recordings.

According to Uboh, “Andy Ubah stated unequivocally to me that he has perfected a way to give NDDC Managing Directorship to any candidate who brings N400,000,000.

“That if the appointment does not occur, he will refund the money.

“I nominated my sister, Honourable (Engr.) Doris Uboh, who by profession is qualified to be NDDC MD.

“Andy Ubah provided two accounts and instructed a transfer of N200,000,000 each into the accounts.

“I instructed another sister of mine, Princess Engr. Ify Akanmode, who is a business partner and whose account I had some funds, to do the transfers.

“Till date, Andy Ubah has promised to pay and has not,” the petitioner alleged.

The prosecution said it has lined up more than six witnesses to testify in the matter.

The prosecuting counsel told the court that the defendants, who are currently on administrative bail, could not be charged to court since 2023 owing to a fundamental right enforcement suit they filed to halt their trial.

He said the instant charge was filed after a restraining order that was obtained by the defendants, was vacated.
mutual understanding of the operations of the two agencies and work towards collaborative synergy.