Justice Samira Bature of the High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, on Friday issued a bench warrant of arrest of an Abuja-based lawyer, Victor Giwa, and a policewoman, Inspector Edith Erhunmuuse, for evading arraignment in an alleged illegal eviction case before the court.

The Office of the Attorney-General of the Federation (OAGF) had filed a nine-count charge, marked FCT/HC/CR/222/2023, bordering on criminal conduct, including forceful eviction of occupants of an Abuja property and destruction of the said property estimated at N300million, against a property developer, Cecil Osakwe, Giwa and Erhunmuuse.

The defendants were accused, among others, to have sometime in 2022, conspired to unlawfully break into the residence of Ms Asabe Waziri at Mekong Street, Maitama, Abuja, with the assistance of police officers now at large, carting away her belongings, including her international passport and cash, without her consent.

The alleged offences committed by the defendants are said to be contrary to Sections 96, 97, 326 and 327 of the Penal Code Law.

At the resumed hearing in the case today, the prosecuting counsel, Aderonke Imana, informed the court of the absence of both Giwa and Erhunmuuse, lamenting what she described as systemic pattern of absence in court by the defendants.

According to her, the charge was filed in January, 2023 but till now the defendants had not been arraigned yet.

“It is unfortunate that the second and third defendants are absent in court again today. This case has followed a consistent pattern of delay, particularly by the second defendant.

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“There has been a systematic pattern of either the first defendant being absent in court or the second defendant being absent,” the prosecutor told the court.

She then sought an order of the court issuing a bench warrant against the second and third defendant with a view to compelling their appearance in court for their arraignment.

Imana said her application was in line with the provisions of Sections 113 and 114 of the Administration of Criminal Justice Act (ACJA), 2015, submitting that, “We cannot continue to come to court only to ask for adjournments.”

She further told the court that Giwa had accused the Office of the Attorney-General of the Federation of delaying the case.

According to the prosecutor, “Our application (for bench warrant against the defendant) 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.”

Responding to the prosecutor’s application, counsel for the second defendant, Ogbu Aboje, opposed the application and urged the court to discountenance it.

He told the court that the second defendant was absent due to illness and had presented a medical report to the court to that effect.

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He added that the second defendant has an application before the court, which he claimed was ripe for hearing.

“The application is dated February 2, 2026. We rely on Section 135 of the ACJA 2015.

“We urge this court to dispense with the appearance of the second defendant in view of that application. He is not available today due to his illness. On the last sitting, he was in court,” Aboje told the court.

However, the prosecutor, while responding to submission of second defendant’s counsel, told the court that arraignment was fundamental to criminal proceedings and without it any proceeding was nothing but nullity.

“Arraignment is the beginning of all criminal matters. Any proceeding outside arraignment is a nullity,” Imana argued.

Ruling on the prosecution’s application, Justice Bature held that she had gone through the records of the court, and could not but agree with the prosecution in view of the fact that the case had lingered for nearly two years without arraignment due to the defendants’ conduct.

“I have carefully gone through the records of this court and the series of letters and medical reports submitted. I am in agreement with the prosecution that these are mere delay tactics, particularly by the second defendant, who, as a legal practitioner, ought to know better,” the judge said.

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She added that, “Indeed, this matter was filed in 2023. It commenced before this court onJuly 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.”

While agreeing with the prosecutor that if indeed Giwa is ill, he could have alerted the Office of the AGF before now, the judge held that, as a delay tactic, he chose to send in a letter in order to stall proceedings once again.

On the third defendant, the judge held that Erhunmuuse had only appeared in court once and contrary to her insinuation that the prosecution is delaying the matter, she is indeed the one doing so.

According to Justice Bature, “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.

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“The Council 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.”

While asserting that courts are not for play, they are for serious business, the judge held that since the second and third defendants have chosen to show disrespect to the court with their refusal to appear for their arraignment, again, for the umpteenth time, the court has no option but to do the needful.

The judge held that, contrary to the submission by the counsel for the second defendant, Aboje, on pending applications, particularly the one dated February 2, 2026, the position of the law is that jurisdiction of the court in criminal matters is activated after a valid arraignment.

According to her, Giwa’s applications could only be taken after arraignment, declaring that the court shall proceed with arraignment, irrespective of any pending applications.

While issuing a bench warrant of arrest against the second and third defendants, the judge noted that although the court had previously exercised restraint, including declining earlier requests for a bench warrant in consideration of the second defendant’s status as a lawyer, the continued absence of the defendants left the court with no choice.

“In the meantime, the prosecution’s application is granted. A bench warrant is ordered for the arrest of the second and third defendants,” Justice Bature ordered.

She then adjourned the case to April 29 for the arraignment of the defendants.