The Attorney-General of the Federation (AGF), Lateef Fagbemi, has officially authorized the prosecution of former Senator Andy Uba and his co-defendant Benjamin Etu over allegations of an N400 million fraud, marking a significant development in a high-profile case that has attracted public and legal attention across Nigeria.
The lawsuit, which revolves around charges that Uba and others plotted to deceive a person by promising to arrange the appointment of the Managing Director of the Niger Delta Development Commission (NDDC) in return for N400 million, has been before the Federal High Court in Abuja since late 2024. The charges were first filed on October 8, 2024, under case number FHC/ABJ/CR/538/2024, and include two counts of fraud under the Advance Fee Fraud and Other Fraud-Related Offenses Act, 2006.
Following procedural delays, including the defendants avoiding serving court papers while being granted administrative release, the prosecution modified the allegations on March 4, 2025. The modification significantly deleted Crystal Uba from the list of defendants, leaving Andy Uba and Benjamin Etu to face the accusations. The new accusations state that in 2022, the defendants plotted to gain money under pretenses by fraudulently promising George Uboh that they could guarantee the NDDC managing director post for a cost of N400 million. Uboh had filed a plea to the Inspector-General of Police (IGP) in April 2023, accompanied by documentary and voice recording evidence against the accused.
The Federal High Court, originally presided over by Justice Inyang Ekwo, had appointed March 5, 2025, for the arraignment of Uba and his co-defendants. However, the arraignment was postponed owing to the failure to serve the new charges on the defendants. Justice Ekwo gave the prosecution seven days to achieve service, and the matter was delayed until March 17, 2025, to allow for proper service and arraignment.
In April 2025, Justice Ekwo was suspended by the National Judicial Council, resulting in the relocation of the case to Justice Mohammed Umar. At the resumed hearing on July 7, 2025, prosecution attorney A.M. Abdullahi told the court that the AGF had examined the case and authorized the police to continue with the prosecution. The court fixed the arraignment date, signifying that the judicial procedure would continue ahead.
During this hearing, only Benjamin Etu and the defense counsel C.F. Odiniru were present. Odiniru told the court that Andy Uba was now in the United States receiving surgery and had departed before the new charges were issued. He further claimed that the issue had been handled, adding that the disputed N400 million had been reimbursed, however, the prosecution insists the case should continue.
The prosecution has scheduled six witnesses to testify against the defendants, highlighting the severity of the charges and the evidence they want to present. The accusations claim offenses under Sections 1(2) and 1(3) of the Advance Fee Fraud and Other Fraud-Related Offenses Act, which penalize acquiring money by pretenses.
This case underscores continuing attempts by Nigerian authorities to prosecute high-profile corruption and fraud cases, notably those involving former public officials. The AGF's consent to prosecute reflects the government’s commitment to enforcing accountability and the rule of law, regardless of the accused’s political status.
As the arraignment date approaches, all eyes will be on the Federal High Court in Abuja to observe how the procedures progress and if the defendants will react to the allegations officially. The verdict might have enormous repercussions for anti-corruption efforts in Nigeria and the public’s faith in the justice system.
The AGF’s backing of the prosecution and the court’s scheduling of the arraignment signal crucial developments in the legal struggle over the alleged N400 million fraud involving former Senator Andy Uba and Benjamin Etu. The case remains a focal point in Nigeria’s continuing battle against corruption and fraudulent behavior in public service.
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