The Abuja Division of the Federal High Court, on Tuesday, adjourned the arraignment of Senator Andy Uba and his co-defendants in the alleged N400 million fraud case until November 6.
The matter, which was earlier fixed for Mr Uba and Benjamin Etu to take their plea, could not proceed due to the absence of Justice Mohammed Umar in court.
Mr Umar, who is the trial judge, was said to be sitting in another division of the court.
The court subsequently fixed November 6 for the arraignment of Messrs Uba and Etu.
The judge had, on September 24, threatened to issue a bench warrant for the arrest of Mr Uba, the former senator representing Anambra South, if he failed to appear in court on October 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 Mr Uba in line with Section 394 of the Administration of Criminal Justice Act (ACJA), 2015, following his continuous absence in court.
Mr Abdullahi said Mr 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, Mr Uba had never appeared in court.
Mr 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.
Mr Odiniru, however, pleaded for more time to allow his client to present himself in court.
The lawyer hinged Mr Uba’s absence on his ill health.
The judge, who adjourned the matter until October 28, said, “I will give you the last opportunity.”
The attorney-general of the federation had, on July 7, given the I-G of police the permission to prosecute Messrs Uba and Etu.
The prosecution had, on March 5, amended a two-count charge filed against Mr Uba and his co-defendant before the former trial judge, Justice Inyang Ekwo.
The police had earlier named Mr Uba and two others in the first charge marked FHC/ABJ/CR/538/2024.
Mr Uba’s co-defendants in the two-count charge filed on 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 Mr Sidi, Messrs Uba and Etu are listed as 1st and 2nd defendants, while Crystal Uba’s name had been dropped from the charge.
In count one, Messrs Uba and Etu and Ms Fatima, now at large, sometime in 2022, were alleged to have conspired amongst themselves to commit the offence.
Mr Uba and others were accused of obtaining by false pretence by making a presentation to George Uboh that they had perfected ways for the appointment of the managing director of the Niger Delta Development Commission to any interested persons who could afford N400 million.
Mr Uboh, in a letter dated April 5, 2023, and addressed to the inspector general of police, said the petition was based on documentary and voice recordings.
The prosecution intends to call six witnesses to testify against the ex-lawmaker and Mr Etu.
(NAN)
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