By Christy Dike and Edith Nwapi
Justice Samira Bature of an Abuja High Court on Friday, ordered the arrest of a lawyer Victor Giwa and a police officer, Edith Erhunmuuse for evading arraignment on charges bordering on forceful eviction of occupants and damage to property estimated at N300 million for over two years.
The order by the Judge followed an application by the prosecution counsel, Aderonke Imana.
The police had charged Cecil Osakwe, Giwa, and Edith Erhunmuuse with criminal conduct involving the forceful eviction of occupants and damage to property estimated at N300 million.
Justice Bature in her ruling held that she had 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 Giwa, 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.
Justice Bature agreed with the prosecution counsel that if indeed Giwa was ill, he could have alerted his office before now.
“As a delay tactic, he chose to send in this letter today to stall proceedings once again.
” The 2nd 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 been reliably informed 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.
“Courts are not for play. They are for serious business.
“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 Feb. 2, let me state that the position of the law, as rightly pointed out by the 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 taken 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, for arraignment.
Earlier, Imana told the court that the charge was filed in January 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 pointed out that Giwa 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, 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.
Osakwe was in court and also represented by Farouk Akambi.
(NAN)