The Inspector General of Police (IGP), Kayode Egbetokun, on Thursday, withdrew the N400 million fraud charge he filed against Senator Andy Uba and his co-defendant, Benjamin Etu, before a Federal High Court sitting in Abuja.

When the matter was called for arraignment of the defendants, counsel to the IGP, Aminu Abdullahi, informed the court that the prosecution had filed a notice of discontinuance following an amicable settlement of the issue by the parties.

He told the court that the notice of discontinuance was filed pursuant to Section 108(5) of the Administration of Criminal Justice Act (ACJA) 2015 and urged the court to terminate any further proceedings in the case forthwith.

According to the IGP?s lawyer, the defendants and the nominal complainant have amicably resolved and settled all disputes, claims and liabilities arising from or connected with the transaction.

He told the court that Uba, the former Senator representing Anambra South Senatorial District

And his co-defendant have paid the sum of N400 million involved in the charge to the nominal complainant.

Responding, Counsel to the defendants, C.F. Odiniru, said his clients are not opposed to the notice of discontinuance by the Police boss but have, however, filed and served an affidavit of facts informing the court of the amicable settlement as well as persuading the court to dismiss the suit instead of striking it out.

The 2nd defendant, Benjamin Etu, averred in the affidavit of facts filed on November 5 that the nominal complainant, Dr George Uboh, has received and acknowledged payment of the total sum of N400 million as a full refund of the said amount in dispute, as evidenced by a duly executed settlement agreement annexed and marked as Exhibit A.

After listening to submissions of counsel to parties in the matter, the trial Judge, Justice Mohammed Umar, in a short ruling, granted the notice of discontinuance as prayed, struck out the charges and discharged Andy Uba and his co-defendant.

The judge had, on September 24, threatened to issue a bench warrant for the arrest of Uba if he failed to appear in court to stand his trial.

The development followed an application by Abdullahi that a bench warrant be issued against Uba in line with Section 394 of ACJA 2015, following his continuous absence in court.

Abdullahi had said that Uba?s consistent absence had shown disrespect to the court, which had equally stalled his trial, adding that, since the charge was filed in 2024, Uba had never appeared in court.

Odiniru, however, pleaded for more time to allow his client to present himself in court, saying that, reason for Uba?s absence was on the grounds of ill-health.

The judge, while adjourning the matter at the last proceedings, gave Uba the last opportunity to make himself available to take his plea in the charges.

The Attorney-General of the Federation (AGF) had, on July 7, given the IGP 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 October 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 from 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 Dr George Uboh that they had perfected ways for the appointment of the Managing Director of the 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 IGP said the petition was based on documentary and voice recording and that the evidence is overwhelming and irrefutable. (Nigerian Tribune)

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