A Federal High Court in Abuja has cautioned the Inspector-General of Police (IGP) regarding the charge filed against Senator Andy Uba and two others over allegations of N400 million fraud. The IGP’s lawyer, M.C. Anthony, had filed a motion ex-parte seeking an order for substituted service of the charge on Uba and his co-defendants.¹

However, Justice Inyang Ekwo questioned Anthony’s authority to file the motion, as he was holding brief for another counsel. The judge pointed out that Anthony had appeared in court with another lawyer on November 13, 2024, but failed to inform the court that he was holding a brief for his colleague.

The judge also asked Anthony to clarify the law under which the motion ex-parte was brought. Anthony cited the FHC (Civil Procedure) Rules, 2019, but the judge noted that the case was a criminal matter and should be governed by the Administration of Criminal Justice Act (ACJA), 2015.

The IGP had filed a two-count charge against Uba, Crystal Uba, and Benjamin Etu, alleging that they conspired to commit fraud by obtaining N400 million from George Uboh under false pretenses. The charge also alleged that the defendants had perfected ways to secure the appointment of the Managing Director of the Niger Delta Development Commission (NDDC) for any interested person who could afford N400 million.²

The matter has been adjourned until February 18, 2025, for the hearing of the motion ex-parte. The defendants had been evading the service of the court documents despite being given administrative bail. The IGP’s lawyer had complained that the defendants obtained a fundamental rights enforcement order that prevented the police from bringing them to court.