The Attorney General of the Federation AGF and Minister of Justice, Lateef Fagbemi (SAN), has granted approval to the Inspector-General of Police (IGP), Kayode Egbetokun, to prosecute former Senator Andy Uba over an alleged N400 million fraud.

At the resumed hearing on Monday at the Federal High Court, Abuja, the IGP’s counsel, A.M. Abdullahi, informed Justice Mohammed Umar that the AGF’s office had reviewed the case and authorised the police to proceed with prosecution.

The case was initially presided over by Justice Inyang Ekwo but was reassigned to Justice Umar following Ekwo’s suspension by the National Judicial Council (NJC).

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Uba is being prosecuted alongside Benjamin Etu, after an amended two-count charge filed on March 4 dropped the name of an earlier co-defendant, Crystal Uba. Another suspect, Hajiya Fatima, is said to be at large.

According to the charge, Uba, Etu, and Fatima allegedly conspired in 2022 to fraudulently obtain N400 million from one George Uboh under the false pretext that they could secure for him the position of managing director of the Niger Delta Development Commission (NDDC).

The charge reads in part: “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.”

Uboh, in a petition dated April 5, 2023, submitted to the IGP, provided documentary evidence and voice recordings to back his claims. Six witnesses are expected to testify in the trial.

The AGF had earlier called for the case file for review following a petition by the defendants. However, in a letter dated May 8, M.B. Abubakar, Director of Public Prosecutions (DPP), affirmed that a prima facie case exists against Uba, Etu, and Fatima, while clearing Crystal Uba of any involvement.

At Monday’s hearing, only Etu and his counsel, C.F. Odiniru, were present in court. Odiniru told the judge that Andy Uba was abroad for medical treatment and added that the disputed funds had been refunded.

“What is funny is that the subject matter of this charge has been settled. The money has been paid,” he said.

The prosecution counsel contested Uba’s absence, citing lack of documentary evidence for the medical claim.

Justice Umar adjourned the matter to September 24, 2025, for the defendants to take their plea.