The High Court of the Federal Capital Territory (FCT), sitting in Maitama, has issued an arrest warrant for Abuja-based lawyer Victor Giwa and police officer Edith Erhunmuuse over their repeated failure to appear in court.
The duo were expected to be arraigned alongside Cecil Osakwe on a nine-count charge in suit FCT/HC/CR/222/2023 filed by the Office of the Attorney General of the Federation (AGF). They are accused of criminal conduct involving the forceful eviction of occupants and property damage valued at about N300 million.
When the matter came up on Friday, prosecuting counsel Aderonke Imana told the court that although the case was filed in January 2023, arraignment had been repeatedly stalled by what she described as 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.
“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.”
Counsel to Giwa, Ogbu Aboje, opposed the application, arguing that his client had submitted a medical report and was absent due to illness. He also urged the court to first hear a pending application, saying: “We urge this court to dispense with the appearance of the second defendant in view of the pending application.”
He maintained that Giwa was unwell and could not attend proceedings.
Responding, Imana insisted that “arraignment is the beginning of all criminal matters. Any proceeding outside arraignment is a nullity.” She urged the court to issue a bench warrant to compel attendance.
The third defendant, Cecil Osakwe, was present in court alongside his counsel, Farouk Akanbi.
In her ruling, Justice Samira Bature granted the prosecution’s request and ordered the arrest of Giwa and Erhunmuuse. She held that the medical documents and letters presented were “mere delayed tactics.”
The judge stated, “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.
“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 stressed that courts are not for delay tactics, adding that the defendants had shown disrespect by failing to appear.
Justice Bature also rejected the request to hear pending applications before arraignment, holding that jurisdiction in criminal matters is activated only after a valid arraignment.
