A Federal Capital Territory (FCT) high court in Maitama, Abuja, has ordered the arrest of a lawyer, Victor Giwa, and a police officer, Edith Erhunmuuse, over their failure to appear for arraignment in an alleged N300 million property damage and forceful eviction case.
Samira Bature, the presiding judge, issued a bench warrant for their arrest on Friday following an application by Aderonke Imana, prosecution counsel.
The defendants — Cecil Osakwe, Giwa, and Erhunmuuse — are facing a nine-count charge over alleged forceful eviction and the destruction of property valued at about N300 million.
In her ruling, the judge said the court could not ignore the defendants’ repeated delays, particularly those of the second defendant.
“I have gone through the records of this court, and I agree with the prosecution that the conduct of the second defendant amounts to delay tactics,” she said.
“As a legal practitioner, he ought to know better. This matter was filed in 2023 and commenced before this court on July 16, 2024. As of today, April 24, 2026, arraignment has still not taken place.”
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👉 JOIN GISTSMATE WHATSAPP CHANNELThe judge faulted Giwa for submitting medical documents at the last minute without prior notice to the prosecution.
“If indeed he was ill, he ought to have informed the prosecution earlier instead of bringing a letter to stall proceedings again,” she said.
Bature also criticised Erhunmuuse for consistently failing to appear in court.
“The third defendant has only appeared once and has stayed away from proceedings since then,” she said.
“The court even directed the Legal Aid Council to provide her with representation, but she declined the offer.”
The judge said the court would not tolerate further delays.
“Courts are not for play. They are for serious business,” she said.
“Since the second and third defendants have refused to appear for their arraignment repeatedly, this court has no option but to issue a bench warrant for their arrest.”
Bature added that pending applications could not halt proceedings, noting that arraignment is a prerequisite for criminal trials.
“The position of the law is that jurisdiction in criminal matters is activated upon arraignment. All applications can only be taken after arraignment,” she said.
She adjourned the case to April 29 for arraignment.
Earlier, Imana told the court that the case, filed in January 2023, had been stalled by a pattern of absence by the defendants.
“There has been a systematic pattern of absence by the defendants. We cannot continue to come to court only to seek adjournments,” she said.
She urged the court to grant the application for a bench warrant, arguing that the second defendant had not demonstrated seriousness.
“The second defendant did not notify our office of his absence. A bench warrant is necessary,” she added.
However, Ogbu Aboje, counsel to Giwa, opposed the application, citing his client’s ill health.
“The defendant is not in court due to illness. We have filed an application dated February 2, 2026, and we urge the court to dispense with his appearance,” he said.
The prosecution, however, maintained that arraignment is fundamental.
“Arraignment is the foundation of criminal proceedings. Any step taken before arraignment is a nullity,” Imana said.
Osakwe, the first defendant, was present in court, represented by Farouk Akanbi.
‘IT’S SUPPOSED TO BE CIVIL MATTER’
Meanwhile, the Africa Centre for Good Governance and Corruption Free Communities, a civil society organisation (CSO), has asked Lateef Fagbemi, the attorney-general of the federation (AGF) and minister of justice, to review the case.
Temitope Joseph, the group’s convener, said the matter was originally a civil case but was later turned into a criminal case.
“This is supposed to be a civil matter; the question is, at what point did it become criminal?” he said.
Joseph described the charges as a “witch hunt” and called for a fresh investigation, adding that the eviction at the centre of the case was carried out based on a court order.
“We plead with the AGF to once again look into the matter and order a fresh investigation, so as not to punish an innocent person,” he added.
He noted that the eviction complained of, for which they were charged, was ordered by a court.
“Without the order of the high court of the Federal Capital Territory, the eviction could not have been carried out,” he said.
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