The Federal High Court in Abuja has threatened to issue a bench warrant for the arrest of former senator Andy Uba if he fails to appear in court on October 28 to face trial in a N400 million fraud case.
Justice Mohammed Umar issued the warning on Wednesday after Uba’s lawyer, C.F. Odiniru, pleaded for more time, citing his client’s ill health and ongoing treatment in a U.S. hospital.
Uba and his co-accused, Benjamin Etu, are facing a two-count charge of conspiracy and obtaining money by false pretence. The case, filed in 2024, has been repeatedly stalled due to Uba’s absence.
During Wednesday’s sitting, Etu appeared in court, but Uba was again absent. Prosecution counsel, Aminu Abdullahi, urged the court to issue a bench warrant under Section 394 of the Administration of Criminal Justice Act (ACJA), 2015, arguing that Uba’s consistent absence showed “disrespect to the court.”
“The same excuse of illness was advanced in July. We reluctantly accepted then, and today, the same reason has been brought forward. We cannot fold our arms and continue this way,” Abdullahi said.
But Odiniru opposed the application, insisting that Uba was genuinely ill and not absconding. He claimed to have furnished Abdullahi with medical documents before the proceedings began.
“These applications for bench warrant are made for absconding suspects, not for a person like the 1st defendant who is ill and undergoing treatment,” he said, citing Section 37 of ACJA.
Justice Umar, however, expressed displeasure with the repeated excuses, asking rhetorically: “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?”
Abdullahi, disputing Odiniru’s claim, told the court that he was never given any medical documents, describing the defence’s arguments as speculative.
The judge, while refusing the prosecution’s application, gave Uba “one last opportunity” and adjourned the matter until October 28 for plea.
The Attorney-General of the Federation had, on July 7, authorised the Inspector-General of Police to prosecute Uba and Etu. The amended charge, filed in March, accuses the two of conspiring in 2022 with one Hajiya Fatima (still at large) to fraudulently obtain N400 million from businessman George Uboh under the false promise of securing the Managing Director position at the Niger Delta Development Commission (NDDC).
The offence, according to the charge, contravenes Section 1(2) of the Advance Fee Fraud and Other Related Offences Act, 2006, and is punishable under Section 1(3) of the same law.
No fewer than six witnesses have been listed to testify against the defendants.
