Alex Enumah in Abuja
A High Court of the Federal Capital Territory (FCT), Maitama, Abuja, yesterday day ordered the arrest of an Abuja-based legal practitioner, Mr. Victor Giwa and a police officer, Edith Erhunmuuse, for allegedly evading arraignment in the criminal charge before the court.
The arrest order by Justice Samira Bature, was sequel to a formal request by the prosecution counsel, Aderonke Imana, who decried the continuous absence of the defendants in court for arraignment.
The police in the charge marked: FCT/HC/CR/222/2023, is accusing one Cecil Osakwe, Victor Giwa, and Edith Erhunmuuse of the forceful eviction of occupants and damage to property estimated at N300 million.
When the matter was called, while the 1st defendant was in court, both the 2nd and 3rd defendants were not, prompting the prosecution counsel to urge the court to issue a warrant for their arrest.
Responding, Justice Bature, who after going through the records of the court, said she cannot fail to agree with the prosecution counsel, 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 April 24, 2026, approaching two years now, arraignment has not been possible for one reason or the other,” she noted.
The court also pointed out that 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.
The judge added that since the second and third defendants have chosen to show disrespect to the court
by refusing to appear for their arraignment, again, for the umpteenth time, the court has no option than to grant the request of the prosecution.
“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, adding 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.
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