The police amended the charges after the AGF approved of the case against Andy Uba and his co-defendant.
The Attorney-General of the Federation (AGF), Lateef Fagbemi, has okayed the charges filed by the police against former senator Andy Uba and Benjamin Etu over their alleged involvement in a N400 million fraud.
The case, originally before Inyang Ekwo of the Federal High Court in Abuja, was reassigned to the new trial judge Mohammed Umar. The reassignment of the case to Mr Umar in the same Abuja division of the court followed Mr Ekwo's one-year suspension in April by the National Judicial Council.
At the resumed hearing on Monday, prosecution lawyer, A.M. Abdullahi, informed Mr Umar that the AGF had reviewed the case and directed the police to proceed with the prosecution of the defendants. He also said the matter was scheduled for arraignment.
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But only Mr Etu and the defence lawyer, C.F. Odiniru, were present. Mr. Odiniru told the court that Mr Uba had travelled to the United States for surgery, and that he had left before the amended charges were served.
Mr Odiniru added that he was surprised the matter was still ongoing, as the money at the heart of the case had already been repaid. "The subject matter of this charge has been settled," he said.
He sought an adjournment and assured the judge that Mr Uba would appear at the next sitting.
But Mr Abdullahi expressed concern over Mr Uba's absence, saying the defence provided no documentation to support the claim that he was abroad receiving medical attention.
The judge, Mr Umar, adjourned the matter until 24 September for arraignment.
Mr Uba, the prime suspect, represented Anambra South Senatorial District in the National Assembly from 2011 to 2019.
The case
The police originally filed the criminal charges against Mr Uba, his wife Crystal Uba, and Benjamin Etu, accusing them of defrauding businessman George Uboh of N400 million.
The charges were filed on 10 October 2024 by Abdulrashid Sidi of the Legal/Prosecution Section at the Force Headquarters, Abuja.
The police later filed amended charges on 4 March 2025, removing Mrs Uba from the list of defendants and retaining Mr Uba and Mr Etu.
Amended charges
In count one of the amended charges, the police alleged that Mr Uba, Mr Etu, and one Hajiya Fatima (said to be at large), conspired in 2022 to fraudulently obtain the money under the pretext of securing a federal appointment for Mr Uboh as Managing Director of the Niger Delta Development Commission (NDDC).
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The charge stated that the defendants made a presentation that 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.
Mr Uboh submitted his petition dated 5 April 2023 through the Inspector General of Police.
Approving of the charges filed by the police, via a letter dated 8 May and addressed to the Inspector-General of Police office, the Director of Public Prosecutions of the Federation (DPPF), the Federal Ministry of Justice, M.B.
Abubakar, said there was sufficient evidence to prosecute Mr Uba, the Mr Etu, and Hajiya Fatima, said to be at large.
Mr Abubakar said the position followed a careful review of the duplicate case file in charge number FHC/ABJ/CR/538/2024.
He also clarified that the investigation did not produce any evidence linking Crystal Uba, who was initially named as the second defendant, to the alleged offence.
