A federal high court in Abuja has warned that it may issue a bench warrant for the arrest of Andy Uba, former senator representing Anambra South, if he fails to appear on October 28 to answer fraud charges.
Uba, alongside his co-defendant, Benjamin Etu, is facing trial over an alleged N400 million fraud.
When the case was called on Wednesday, Etu was present in court, but Uba was absent.
Aminu Abdullahi, prosecuting counsel for the inspector-general of police (IGP), requested that the court issue a bench warrant against Uba in accordance with section 394 of the Administration of Criminal Justice Act (ACJA), 2015.
Abdullahi noted that the former senator had consistently failed to attend proceedings since the charges were filed in 2024.
“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,” he said.
The prosecution lawyer further argued that Uba’s “consistent absence had shown a disrespect to the court” and stalled the progress of the trial.
However, C.F. Odiniru, counsel to Uba, opposed the motion, explaining that his client’s absence was due to ill health.
“We apologise for the absence of the first defendant (Uba), who is unavoidably absent due to illness,” Odiniru said, adding that his client is currently receiving treatment in a US hospital.
He also stated that he had earlier submitted medical documents to Abdullahi as directed by the court.
“These applications for bench warrants, my lord, are made for an absconding suspect and not for a person like the first defendant. Section 37 of the ACJA says if you are interested in a bench warrant, you should go by oath,” Odiniru argued.
But Abdullahi denied receiving any documents.
“He is just reprobating and approbating, my lord. He didn’t make any attempt to call me for anything, my lord, because he knows that what he is holding is not acceptable,” Abdullahi said.
Presiding judge Mohammed Umar gave Uba “a last opportunity” and adjourned the matter till October 28 for his arraignment and plea.
“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?” Umar asked Odiniru. “I will give you the last opportunity.”
The case was reassigned to Umar after Justice Inyang Ekwo, who was previously handling the matter, was suspended by the National Judicial Council (NJC).
The prosecution had earlier amended a two-count charge filed on October 10, 2024, against Uba and his co-defendants—Crystal Uba and Etu.
In the amended charge filed on March 4, Crystal’s name was dropped, leaving Uba and Etu as defendants.
According to the charge, Uba, Etu, and one Hajiya Fatima (now at large) allegedly conspired in 2022 to obtain N400 million from George Uboh under false pretence.
The defendants reportedly claimed, “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 charge reads in part.
The attorney-general of the federation (AGF) had, on July 7, authorised the IGP to prosecute Uba and Etu.