Court orders arrest of Abuja lawyer, police official over N300m eviction case
A High Court of the Federal Capital Territory (FCT) sitting in Maitama has issued an arrest warrant against an Abuja-based lawyer, Victor Giwa and a police official, Edith Erhunmuuse police
A High Court of the Federal Capital Territory (FCT) sitting in Maitama has issued an arrest warrant against an Abuja-based lawyer, Victor Giwa and a police official, Edith Erhunmuuse police officer for failing to attend court.
The two were to be arraigned with another defendant, Cecil Osakwe, on a nine-count charge, marked: FCT/HC/CR/222/2023 brought against them by the office of the Attorney General of the Federation (AGF).
They are, in the charge, accused of engaging in criminal conduct, involving the forceful eviction of occupants and damage to property estimated at N300 million.
When the case was called on Friday, prosecuting lawyer, Aderonke Imana told the court that although the charge was filed in January 2023, arraignment had been stalled by a “systematic pattern” of absence by the defendants.
Imana said, “There has been a systematic pattern of either the first defendant being absent in court or the second defendant being absent.
"Our application is imperative. It is not the intention of the prosecution to keep coming to court for adjournments.
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"Since the second defendant did not notify our office of his intention not to be in court, a bench warrant should be issued. The second defendant has not shown any seriousness before this court."
Respondent, Giwa', Ogbu Aboje, opposed Imana's application and urged the court to refuse it.
Aboje said the second defendant had presented a medical report to the court and was absent due to illness.
He added that his client has a pending application, which he urged the court to hear.
He Aboje added, “We urge this court to dispense with the appearance of the second defendant in view of the pending application."
He said his client was absent in court on Friday due to illness, noting that Giwa was in con the last day.
In her reply, Imana argued that "arraignment is the beginning of all criminal matters. Any proceeding outside arraignment is a nullity.”
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She urged the court to issue the bench warrant to compel the second defendant to attend court
The first defendant, Cecil Osakwe was in court along with his lawyer, Farouk Akanbi.
Ruling, Justice Samira Bature granted Imana's application and proceeded to issue an order for Giwa's arrest.
Justice Bature noted that all the letters and medical records served on the court by the second defendant were mere delayed tactics.
The judge said, "As a legal practitioner,he ought to know better. Indeed, this matter was filed in 2023. It commenced before this court on the July 16, 2024.
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"Unfortunately, up till today, being the 24th day of April, 2026, approaching two years now, arraignment has not been possible for one reason or the other."
Justice Bature noted that courts are not for play, but for serious business.
She held that the second and third defendants (Giwa and Erhunmuuse) have chosen to show disrespect to the court by refusing to appear for their arraignment.
Justice Bature refused Aboje's request that pending applications be heard first and held that the jurisdiction of the court, in criminal cases, is activated after a valid arraignment.
She further held that all applications could only be heard after arraignment.
