By Akinwale Kasali
A Federal High Court sitting in Abuja, on Thursday, struck out a N400million fraud charge against Andy Uba, a former Senator representing Anambra South Senatorial Zone.
Justice Mohammed Umar terminated further proceeding on the matter after the charge was withdrawn by the Inspector General of Police, IGP, Dr. Kayode Egbetokun.
The Nigerian Police Force had, in the charge, marked FHC/ABJ/CR/538/2024, alleged that Senator Uba and the 2nd defendant, Mr. Benjamin Etu, acting alongside one Hajiya Fatima, said to be at large, sometime in 2022, conspired and defrauded one George Uboh.
The defendants were accused of obtaining the money through false pretence, by making a presentation to 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 prosecutor had informed 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.
The Police had alleged that the defendants and Fatima (at large), in 2022, conspired amongst themselves with intention to defraud, 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 own 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.
Senator Uba’s daughter, Chidimma, who was initially joined as his co-defendant, was later delisted from the charge.
Though the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, on July 7, gave the IGP the nod to prosecute Uba and Etu, however, repeated attempts to arraign them failed.
At the resumed sitting on Thursday, Police Lawyer, Aminu Abdullahi, informed the Court that he filed a notice of discontinuance following an amicable settlement of the issue by the parties.
He further informed the Court that the defendants had since paid back the N400m to the complainant.
His application to withdraw the charge was not opposed by the defence counsel, C.F. Odiniru, prompting Justice Umar to strike out the case.
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