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On Wednesday the High Federal Court of Abuja threatened to issue a bench mandate for the arrest of Senator Andy Uba if he cannot appear in court on October 28 to resist his trial.
UBA and its co-accused, Benjamin Etu, are pursued on accusations on the border with fraud for the sum of N400 million.
Judge Mohammed Umar gave the warning after Uba’s lawyer, CF Odiniru, has begged more time to allow his client to present himself in court.
The development followed a application submitted by the IG consultant, Aminu Abdullahi, according to which a bench mandate was issued against UBA in line with section 394 of the administration of the Criminal Justice Act (ACJA), 2015, following its continuous absence in court.
When the question was called Wednesday, Etu entered the dock but UBA was obviously absent.
Odiniru then apologized for the inability of UBA to be in court.
“We apologize for the absence of the 1st defendant (UBA) which is inevitably absent due to a disease,” said the lawyer.
Abdullahi, who said that the constant absence of UBA was unbearable, said that the same excuse was provided by Odiniru for his absence in court in July when the matter came.
“We accepted reluctance and the question was updated.
“And today, the same reason has been advanced.
“My Lord, we cannot bend our arms and continue this way.
“We will request a bench mandate pursuant to section 394 of Acja, 2015 against the 1st defendant,” he said.
Abdullahi said that UBA’s constant absence showed a lack of respect for the court that had equally blocked his trial.
He said since the accusation had been presented in 2024, UBA had never appeared in court.
Odiniru, however, opposed Abdullahi’s question for a bench mandate.
“We are opposing this question because constantly in front of the court, we informed the court that the 1st defendant is sick and outside the country,” he said.
He said UBA, currently, was receiving care in a United States hospital.
He said he also provided documents to Abdullahi who describe in detail the state of health of UBA before the judicial proceeding began in the morning, in accordance with the Court directive that was made on the last updated date.
“I told him (Abdullahi) and I showed him the documents. These questions for the bench mandate, my gentleman, are asked for suspicions of escape and not for a person like the first accused.
“Section 37 of ACJA says that if you are interested in the bench mandate, you should have oath,” he presented Odiniru.
“So, what you are saying is that we will remain so even if it will take 10 years?
“Have you seen where a person was brought to court on the stretcher?” He asked the judge in Odiniru rhetorically.
Replying, Odiniru said that there were procedures that the accusation could take to confirm whether what he was saying was true or false.
But Abdullahi did not agree with the presentation of Odiniru.
The lawyer contrary to the topic of Odiniru contrary to him, no document was provided on the bad health of UBA.
He said that Odiniru’s submission was a simple speculation.
“My Lord is only putting back and approved,” he said.
“He (Odiniru) did not make any attempt to call me my Lord at all because he knows that what he holds is not acceptable,” he said.
Therefore, he opposed the request for Odiniru, while he urges the Court to grant his request for a bench mandate.
“I will give you the last opportunity,” said the judge in Odiniru.
Judge Umar advised the lawyer to ensure that UBA is in court on the next updated date.
The judge subsequently updated the matter until October 28th for appeal.
The prosecutor General of the Federation (AGF) had, on July 7, given the police inspector the permission to pursue UBA and Etu.
The accusation had, on March 5, a charge of two counts against UBA and his co-accused before the former judge of the trial, the judge Inyang Ekwo, modified.
The police had previously appointed UBA, the former senator who represented Ambra South, and two others in the first accusation marked: FHC/Abj/Cr/538/2024.
The co-accused of UBA, in the two-count office presented on 10 October 2024 by Abdulrashid Sidi in the legal section/judicial procedure at the headquarters of the police forces, Abuja, were respectively Crystal UBA and Benjamin Etu as 2nd and 3rd accused.
But in the modified charge presented on March 4 by Sidi, UBA and Etu are listed as 1st and 2nd accused, while the name of Crystal UBA had been abandoned by the charge.
In counting one, UBA, Etu and Hajiya Fatima now in general, sometimes in 2022, it was assumed that they had conspired with each other to commit the crime.
UBA and others were accused of obtaining a false claim, making a presentation to George Uboh of having perfected ways for the appointment of the Niger Delta Development Commission (NDDC) CEO of all the people concerned who could afford N400 million.
“A presentation that you know is not true and therefore has committed a crime contrary to section 8 and punishable pursuant to section 1 (3) of the fraud of early commissions and other fraud relating to the fraud, 2006.”
The crime, said the accusation, is against section 1 (2) and punishable pursuant to section 1 (3) of the fraud of early commissions and other fraud relating to the ACT fraud, 2006 “, the count has been read in part.
Uboh, in a letter dated April 5, 2023, and addressed to the IGP, said that the petition was based on the documentary and on the voice recording.
According to Uboh, the tests are overwhelming and irrefutable.
No less than six witnesses had been listed to testify against the ex-law and Etu.
