“Court Cautions IGP’s Lawyer Over Substituted Service in N400 Million Fraud Case”

The Federal High Court (FHC) in Abuja has cautioned the Inspector-General of Police (IGP) and his legal counsel over procedural issues in the charge filed against Senator Andy Uba and two others, concerning allegations of a N400 million fraud.

Justice Inyang Ekwo issued the warning on Thursday after IGP’s lawyer, M.C. Anthony, filed an ex-parte motion seeking permission for substituted service of the charge on Uba and his co-defendants. The motion was based on the FHC Civil Procedure Rules, 2019, but raised questions about its applicability in this criminal case.

When the matter was called, Anthony, who was holding brief for another lawyer, was asked by the judge whether he was representing a government agency or a private individual. Anthony confirmed he was representing the government, which led the judge to point out that he could not hold brief for a government officer in court.

Justice Ekwo further noted that when Anthony appeared in court on November 13, 2024, he had not indicated that he was standing in for another lawyer. This prompted the judge to inquire about the legal basis for the motion, to which Anthony referenced the FHC Civil Procedure Rules.

However, Justice Ekwo clarified that the motion, being related to a criminal case, should be supported by the Administration of Criminal Justice Act (ACJA), 2015, and not the civil procedure rules. The judge advised Anthony to “put your house in order” and adjourned the case until February 18, 2025, for hearing.

The case stems from allegations of fraud involving Uba, a former Senator from Anambra South, and two others—Crystal Uba and Benjamin Etu—who, along with a fourth defendant, Hajiya Fatima (who is still at large), allegedly conspired to defraud George Uboh of N400 million. They were accused of falsely presenting a scheme to secure the Managing Director position at the Niger Delta Development Commission (NDDC) for anyone willing to pay the sum.

The charge, filed by the IGP in October 2024, includes two counts of fraud and is based on evidence from Uboh, who claims to have documentary and voice recording proof of the defendants’ activities. At least six witnesses have been listed to testify against the defendants.

The court had previously adjourned the arraignment of the defendants, who have been accused of evading service of court documents despite being granted administrative bail. The adjournment follows a fundamental rights enforcement order that had delayed their appearance in court.