The Inspector-General of Police, Kayode Egbetokun, on Thursday, withdrew the fraud charge filed against an All Progressives Congress (APC) chieftain, Senator Andy Uba, after the refund of the disputed N400 million to a complaint.
The police arraigned Uba alongside one Benjamin Etu for allegedly defrauding Dr. George Uboh of the said amount.
The IGP’s lawyer, Aminu Abdullahi, informed Justice Mohammed Umar of the Federal High Court, Abuja, that the money in dispute had been paid by the defendants.
When the matter was called for arraignment of Uba and Etu, the lawyer told the court that the prosecution had filed a notice of discontinuance following an amicable settlement of the issue by parties.
He said a notice of discontinuance was filed pursuant to Section 108(5) of Administration of Criminal Justice Act (ACJA) 2015 and urged the court to terminate any further proceedings into the case forthwith.
“We filed and served a notice of discontinuance this morning,” he said.
According to Abdullahi, the suspects and the nominal complainant have amicably resolved and settled all disputes, claims and liabilities arising from or connected with the transaction.
He told the court that Uba, the former Senator representing Anambra South Senatorial District and his co-defendant had paid the sum of N400 million involved in the charge to the nominal complainant.
The defence lawyer, C.F. Odiniru, did not oppose the application for withdrawal of the case.
Odiniru, however, said that an affidavit of facts had been filed and served, informing the court of their circumstances in reaching amicable resolution.
In his remark, Justice Umar said the case had been overtaken by events.
Odiniru then prayed the court to dismiss the charge, rather than striking it out since parties were now happy with one another and that there was no more disagreement.
He said his request for dismissal of the charge was in line with Section 108(3) of ACJA, 2015.
