A Federal High Court in Abuja, on Thursday, cautioned the Inspector-General of Police in the charge filed against Senator Andy Uba, and two others, over allegations bordering on N400 million fraud.
Justice Inyang Ekwo gave the warning after the IG’s lawyer, M.C. Anthony, relied on the FHC (Civil Procedure) Rules, 2019, in a motion ex-parte filed to seek an order for substituted service of the charge on Uba and his co-defendants.
When the matter was called, Anthony, who announced appearance for the prosecution, told the court that he was holding brief for another counsel.
Justice Ekwo then asked him if he was a private or government lawyer and Anthony responded that he was a government lawyer.
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“You cannot hold brief for a government officer in court,” the judge told him.
Justice Ekwo further observed that on November 13, 2024 when the matter was heard, though Anthony appeared in court in company of another lawyer, he did not inform the court that he held a brief of his colleague.
“You were in court on 13th of November, 2024 with Mohammed Gajo,” he said.
When the judge asked him what the ex-parte motion was all about, he said: “My lord, the motion is seeking a leave for substituted service of the charge and other processes on the 1st to 3rd defendants/respondents.”
When the judge asked him under what law was the motion ex-parte brought, he said their application was predicated on Order 6, Rule 5(b), d(I), 5(e), and 8 of the FHC (Civil Procedure) Rules, 2019.
The judge, therefore, asked Anthony if the case was a civil or criminal matter, and the lawyer responded that it was a criminal matter.
Justice Ekwo, then, told him that being heard under the law is supported by the law and that what would authorise him (Anthony) to file the motion should be pursuant to Administration of Criminal Justice Act (ACJA), 2015
“So does this apply?” he asked rhetorically.
According to the judge, this is based on law and it is not exercises in vacuum.
“You have to go and put your house in order,” the judge said and adjourned the matter until February 18 for hearing of the motion ex-parte.
The News Agency of Nigeria reports that the IG, Kayode Egbetokun, sued Andy, the former Senator representing Anambra South, and two others.
The IG, in two counts marked: FHC/ABJ/CR/538/2024 filed before Justice Ekwo, joined Crystal Uba and Benjamin Etu as 2nd and 3rd defendants respectively.
The charge, dated October 8, was filed on October 10 by Abdulrashid Sidi in the Legal/Prosecution Section at the Police Force Headquarters, Abuja.
In count one, Uba, Crystal, Etu and Hajiya Fatima now at large, sometimes in 2022, were alleged to have conspired amongst themselves to commit the offence.
Una 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 Niger Delta Development Commission to any interested persons who could afford 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.”
In count two, the defendants and Fatima, who is at large, were alleged to have conspired amongst themselves with intention to defraud and induce George Uboh by making a presentation to him that they had perfected way to give an appointment of the post of Managing Directorship of NDDC to any interested person who could afford the sum of N400 million.
The offence is contrary to Section 1 (2) and punishable under Section 1 (3) of the Advance Fee Fraud and other Fraud Related offences Act, 2006,” the count read in part.
Uboh, in a letter dated April 5, 2023, and addressed to the I-G, said the petition was based on documentary and voice recording.
According to Uboh, the evidence is overwhelming and irrefutable.
No fewer than six witnesses had been listed to testify against the ex-lawmaker and others.
Justice Ekwo, in the last adjourned date, had adjourned their arraignment until February 18, 2025.
The adjournment followed a complaint by Anthony, who appeared for the IG, that the defendants had been evading the service of the court documents despite being given administrative bail.
Anthony told the court that they had been on the matter since 2023.
He said the defendants obtained a fundamental rights enforcement order which had prevented the police from bringing them to court.
The lawyer said it was until after the order was lifted that the defendants were finally charged before the judge.
END
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