The Federal High Court in Abuja, on Tuesday, adjourned the arraignment of Sen. Andy Uba and his co-defendants in the alleged N400 million fraud case until Nov. 6.
The matter, which was earlier fixed for Uba and Benjamin Etu to take their plea, could not proceed due to the absence of Justice Mohammed Umar in court.
Justice Umar, who is the trial judge, was said to be sitting in another division of the court.
The court subsequently fixed Nov. 6 for the arraignment of Uba and Etu.
The judge had, on Sept. 24, threatened to issue a bench warrant for the arrest of Uba, the former Senator representing Anambra South, if he fails to appear in court on Oct. 28 to stand his trial.
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.
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.
Abdullahi, who said the ex-lawmaker’s consistent absence was unbearable, said the same excuse of ill-health was adduced by his lawyer, C.F. Odiniru, for his absence in court in July when the matter came up.
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 until Oct. 28, said: “I will give you the last opportunity.”
The Attorney-General of the Federation (AGF) had, on July 7, given the I-G 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 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 I-G, said the petition was based on documentary and voice recording.
The prosecution intends to call six witnesses to testify against the ex-lawmaker and Etu.
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