Justice Samira Bature of a FCT high court, Maitama on Friday ordered the arrest of a lawyer Victor Giwa and Edith Erhunmuuse police officer for evading arraignment.
The order of arrest was granted after the prosecution counsel, Aderonke Imana prayed the court for it.
The defendants in the charge marked, FCT/HC/CR/222/2023 are Cecil Osakwe, Victor Giwa, and Edith Erhunmuuse and are charged with a-nine-count.
The charges against the defendants included allegations of criminal conduct involving the forceful eviction of occupants and damage to property estimated at N300 million.
Justice Bature in her ruling held that she has gone through the records of the court, and cannot fail to agree with the
Prosecution Counsel .
She noted that all the letters and medical records being served on the court by the 2nd defendant were mere delayed tactics.
“As s 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.
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” she noted.
The Learned Prosecution Counsel according to Justice Bature has made the point that if indeed the second defendant
is ill, he could have alerted their office before now.
She added that, but rather, as a delay tactic, he chose to send in this letter today to stall proceedings once again.
“The third defendant, on the last adjourned date, had insinuated that the prosecution is delaying this trial, but the circumstances clearly show that it is the other way around.
The third defendant, who appeared only once in this case, has chosen to completely stay away from these proceedings, as she has consistently been absent.
“The court registrar was instructed to write to the Legal Aid Council of Nigeria to secure representation of counsel on her behalf.
“The court has reliably informed this court that the third defendant has declined the offer by Legal Aid Council to represent her in this case, as the council had already been assigned the case to defend her, but she refused” the judge held.
Justice Bature held that courts are not for play, they are for serious business.
Therefore, the judge added, since the second and third defendants have chosen to show disrespect to this court
by refusing to appear for their arraignment, again, for the umpteenth time, the court has no option.
“On Mr. Aboje’s submissions that there are pending applications, particularly the one dated February 2, 2026;
“Let me state that the position of the law, as rightly pointed out by the Learned Prosecution counsel, is that jurisdiction of the court in criminal matters is activated after a valid arraignment” she held.
She held that all applications can only be taten after arraignment.
“Therefore, this court shall proceed with arraignment irrespective
of any pending applications.
In the meantime, the prosecution’s application is granted a bench warrant is ordered for the arrest of the second and third defendants” The judge ordered.
Justice Bature then adjourned until April 29, gor arraignment.
Earlier, the Prosecution counsel Aderonke Imana told the court that the charge was filed in Jan. 2023, but arraignment had been stalled by a “systematic pattern” of absence by the defendants.
“There has been a systematic pattern of either the 1st defendant being absent in court or the 2nd defendant being absent” she submitted.
She relied on Sections 113 and 114 of the Administration of Criminal Justice Act (ACJA), 2015. We cannot continue to come to court only to ask for adjournments’ she submitted.
She pointed out that the 2nd defendant accused her office of delaying this case.
“Our application is imperative. It is not the intention of the prosecution to keep coming to court for adjournments.
“Since the 2nd defendant did not notify our office of his intention not to be in court, a bench warrant should be issued. The 2nd defendant has not shown any seriousness before this court” she prayed.
Counsel to the 2nd defendant, Ogbu Aboje, opposed the application, urging the court to discountenance it.
He said the 2nd defendant had presented a medical report to the court and was absent due to illness, adding that the have an application.
“The application is dated Feb. 2, 2026. We rely on Section 135 of the ACJA 2015.
“We urge this court to dispense with the appearance of the 2nd defendant in view of that application. He is not available today due to his illness. On the last sitting, he was in court’” he submitted
Responding, the prosecution maintained that arraignment was fundamental to criminal proceedings.
“Arraignment is the beginning of all criminal matters. Any proceeding outside arraignment is a nullity,” she said.
The 1st defendant Cecil Osakwe was in court and also represented by Farouk Akambi.