Inspector General of Police (IGP) Kayode Egbetokun has withdrawn the N400 million fraud charge filed against former senator Andy Uba and his co-defendant, Benjamin Etu, before the Federal High Court in Abuja.
The case was scheduled for arraignment on Thursday.
However, counsel to the IGP, Aminu Abdullahi, informed Justice Muhammad Umar that the prosecution had filed a notice of discontinuance after the defendants refunded the disputed N400 million to the nominal complainant, George Uboh.
IGP Abdullahi told the court that all issues arising from the transaction had been resolved and settled.
He said the withdrawal was made pursuant to Section 108(5) of the Administration of Criminal Justice Act (ACJA), 2015 and urged the court to end further proceedings.
Counsel to Mr Uba, C.F. Odiniru, did not oppose the withdrawal but asked that the suit be dismissed rather than struck out.
He said an affidavit of settlement had been filed and served on the parties.
The affidavit, deposed to by Mr Etu and dated November 5, stated that Mr Uboh received and acknowledged the full refund of N400 million, as shown in a settlement agreement attached as an exhibit.
Justice Umar, in his ruling, granted the notice of discontinuance, struck out the charge and discharged the defendants.
The police had in October 2024 filed the charge, accusing Uba, his wife Crystal Uba and Etu of obtaining N400 million from Mr Uboh under the pretext of securing him a federal appointment as managing director of the Niger Delta Development Commission (NDDC).
Following a review, the police filed amended charges in March, removing Mrs Uba and retaining Mr Uba and Etu as defendants.
The case was reassigned to Justice Umar earlier this year after the National Judicial Council suspended Justice Inyang Ekwo, who initially handled it.
Mr Uba, who represented Anambra South Senatorial District between 2011 and 2019, had repeatedly failed to appear in court for arraignment, leading to a warning from the judge in September that a bench warrant could be issued if he missed the next sitting.
With Thursday’s decision, the N400 million fraud case against the former senator and his co-defendant has now been formally withdrawn.
