Justice Samira Bature made the order on Thursday in suit number FCT/HC/CR/222/2023 after granting an application filed by the prosecution, led by Aderonke Imana.
Erhunwunse is being prosecuted alongside property developer Cecil Osakwe and Abuja-based lawyer Victor Giwa on a nine-count charge bordering on conspiracy, unlawful eviction and malicious destruction of property.
According to the Federal Government, the defendants allegedly forcefully evicted Asabe Waziri from her residence on Mekong Street in Maitama, Abuja, in 2022 and removed valuables estimated at N300 million.
The prosecution alleged that the accused persons conspired to gain unlawful access to the property without the consent of the complainant and with the assistance of some police officers who remain at large.
Court documents further stated that cash, the complainant’s international passport and other personal belongings were allegedly taken from the residence and moved to an unknown location.
The defendants were also accused of entering the property without a valid court order, damaging parts of the building, including doors, and carting away valuables worth N300 million.
At the resumed hearing, Imana informed the court that an earlier bench warrant had already been issued against the third defendant and that official correspondence had been sent to the Commissioner of Police, FCT Command, regarding the matter.
She told the court that despite directives from the Inspector-General of Police, the defendant had continued to stay away from proceedings.
Relying on Section 353 of the Administration of Criminal Justice Act, 2015, the prosecution urged the court to issue another arrest warrant, arguing that the defendant had ignored court processes for more than a year while the other defendants consistently attended court.
Imana maintained that the law empowers the court to order the arrest of any defendant who, after being properly served, fails to appear without a valid reason.
In her ruling, Justice Bature expressed concern that no progress had been made in producing the defendant before the court despite the earlier order issued more than two months ago.
The judge also noted that the approaching court vacation could further delay the proceedings if urgent steps were not taken.
Consequently, the court granted the prosecution’s request and directed all law enforcement agencies to arrest the defendant wherever she may be found.
“The court hereby issues a bench warrant to all law enforcement agencies for the arrest of the third defendant, wherever she may be found, for showing disobedience and disrespect to this court,” Justice Bature held.
The order was made pursuant to Section 352 of the ACJA 2015.
The court also encouraged the parties to continue efforts toward an amicable resolution of the dispute and directed them to provide an update on any settlement discussions at the next hearing.
Justice Bature subsequently adjourned the case until September 29, 2026, for continuation of trial and warned that no further excuses for absence would be entertained.
Usman appeared for the first defendant, while A.K. Musa represented the nominal complainant as watching brief counsel. The second defendant, Victor Giwa, appeared in court on his own behalf.