The Federal High Court in Abuja, on Thursday, issued a caution to the Inspector-General of Police’s (IGP) legal team in a case involving Senator Andy Uba and two others, over allegations of N400 million fraud.
Justice Inyang Ekwo delivered the warning after M.C. Anthony, representing the IGP, sought an order for substituted service of court documents on the defendants through a motion ex parte. Anthony relied on the Federal High Court (Civil Procedure) Rules, 2019, prompting the judge to question the application of civil procedural rules in a criminal matter.
During the session, Anthony informed the court that he was appearing on behalf of another lawyer. Justice Ekwo, however, reminded him that as a government lawyer, he could not “hold brief” for another government counsel without proper notification to the court.
The judge noted that Anthony had previously appeared in court on Nov. 13, 2024, alongside another lawyer, Mohammed Gajo, but failed to clarify his role at the time.
When asked about the legal basis for the motion, Anthony cited provisions under the civil procedure rules. Justice Ekwo, however, reminded him that criminal matters are governed by the Administration of Criminal Justice Act (ACJA), 2015, and directed him to ensure compliance with appropriate legal provisions.
“You have to put your house in order,” Justice Ekwo stated, adjourning the matter until Feb. 18, 2025, for a hearing of the motion ex parte.
The case, filed under charge number FHC/ABJ/CR/538/2024, involves Senator Andy Uba, Crystal Uba, and Benjamin Etu as defendants. A fourth defendant, identified as Hajiya Fatima, is reportedly at large.
The charge, dated Oct. 8, 2024, alleges that in 2022, the defendants conspired to defraud George Uboh by falsely claiming they could secure the Managing Director position at the Niger Delta Development Commission (NDDC) for any individual willing to pay N400 million.
The offense is said to contravene Sections 8 and 1(3) of the Advance Fee Fraud and Other Fraud-Related Offences Act, 2006.
Uboh, in an April 5, 2023, petition to the IGP, provided documentary evidence and voice recordings to support his allegations, describing the evidence as “overwhelming and irrefutable.”
Six witnesses have been listed to testify against the defendants, who are also accused of evading court service despite being granted administrative bail.
The arraignment was initially scheduled for Feb. 18, 2025, but the delay was attributed to the defendants obtaining a fundamental rights enforcement order that temporarily restrained the police from compelling their appearance in court.
The prosecution claims the defendants exploited administrative bail to avoid court processes since 2023. Following the lifting of the enforcement order, the case was brought before Justice Ekwo, who has emphasized the need for proper legal procedures to ensure justice.
Further developments in the case are expected on the next hearing date, as the court considers the prosecution’s motion for substituted service.
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