A Federal High Court in Abuja has warned Senator Andy Uba of a potential bench warrant if he fails to appear in court on October 28 to address a criminal charge against him.
Uba, alongside Benjamin Etu, faces allegations of fraud involving N400 million, with the charge filed in the name of the Inspector General of Police (IGP).
On Wednesday, Justice Mohammed Umar issued the warning after Uba’s lawyer, C.F. Odiniru, requested additional time for his client to attend the court in person.
The judge’s warning came in response to a motion by the prosecution lawyer, Aminu Abdullahi, who sought a bench warrant against Uba under Section 394 of the Administration of Criminal Justice Act (ACJA), 2015, citing Uba’s repeated absence from court proceedings.
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When the case was called on Wednesday, Etu appeared in the dock, but Uba was absent, prompting the court to inquire about his whereabouts.
Odiniru apologized, explaining that Uba was unable to attend due to health issues.
Abdullahi, however, raised concerns about Uba’s consistent absence, noting that a similar excuse was given during the previous hearing in July.
“On the last date, we reluctantly accepted, and the matter was adjourned. And today the same reason was advanced.
“My lord, we cannot fold our arms and continue this way. We will be applying for a bench warrant under Section 394 of ACJA, 2015, against the 1st defendant,” Abdullahi stated.
He argued that Uba’s repeated absence showed disrespect to the court and hindered the progress of the trial, pointing out that Uba had not appeared in court since the charge was filed in 2024.
Odiniru opposed the prosecution’s request for a bench warrant, stating, “We are opposing this application because consistently before the court, we have informed the court that the 1st defendant is ill and out of the country.”
He claimed Uba was receiving medical treatment in a U.S. hospital and said he had provided Abdullahi with documents verifying Uba’s condition prior to the court session, as directed during the last hearing.
“I told him (Abdullahi) and showed him the documents. These applications for a bench warrant, my lord, are made for an absconding suspect, and not for a person like the 1st defendant.
“Section 37 of ACJA says if you are interested in a bench warrant, you should go by oath,” Odiniru argued.
The judge responded rhetorically, asking, “So what you are saying is that we are going to remain this way even if it will take 10 years?
“Have you seen where a person has been brought to court on a stretcher?”
Odiniru suggested that the prosecution could verify the authenticity of his claims about Uba’s health.
Abdullahi, however, refuted Odiniru’s assertion, stating that no documents regarding Uba’s health were provided to him.
“He is just reprobating and approbating to my lord,” Abdullahi said.
“He (Odiniru) didn’t make any attempt to call me for anything, my lord, because he knows that what he is holding is not acceptable,” he added, urging the court to issue the bench warrant.
Justice Umar gave Odiniru a final chance, stating, “I will give you the last opportunity,” and instructed him to ensure Uba’s presence at the next hearing.
The case was adjourned to October 28 for a plea.
On July 7, the Attorney-General of the Federation (AGF) authorized the IGP to prosecute Uba and Etu. The prosecution amended a two-count charge on March 5, initially filed against Uba and others before Justice Inyang Ekwo.
In the original charge (FHC/ABJ/CR/538/2024), Uba, a former senator for Anambra South, was named alongside Crystal Uba and Benjamin Etu. However, in the amended charge filed on March 4 by Abdulrashid Sidi of the Police Force Headquarters’ Legal/Prosecution Section, Crystal Uba’s name was removed, leaving Uba and Etu as the first and second defendants.
In the first count, Uba, Etu, and Hajiya Fatima (currently at large) were alleged to have conspired in 2022 to commit the offense.
They were accused of defrauding Mr. George Uboh by falsely claiming they could secure the appointment of the Managing Director of the Niger Delta Development Commission (NDDC) for anyone willing to pay 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 prosecution stated that the offense violated Section 1(2) and is punishable under Section 1(3) of the same Act.
In a letter dated April 5, 2023, to the IGP, Uboh claimed his petition was supported by compelling documentary and audio evidence, describing it as “overwhelming and irrefutable.”
At least six witnesses are set to testify against Uba and Etu.