Justice Samira Bature of the High Court of the Federal Capital Territory (FCT), sitting in Maitama, on Thursday, threatened to issue a bench warrant against Abuja-based property developer, Cecil Osakwe, and her co-defendants over repeated failure to appear for arraignment in a criminal trespass case.
The defendants, Osakwe, lawyer Victor Giwa, and a police officer, are facing a nine-count charge in suit number FCT/HC/CR/222/2023, bordering on unlawful eviction, criminal intimidation, threat to life, and destruction of property estimated at over N300 million.
At the resumed hearing, only Osakwe, the first defendant, was present in court, while the second and third defendants were absent.
The prosecution, led by M.B. Abubakar, Director of Public Prosecutions of the Federation, expressed frustration at what he described as the “persistent disregard” for the court, noting that the case had suffered five adjournments due to the defendants’ non-appearance.
“This is the fifth adjournment. The defendants are showing disrespect and must not be allowed to ridicule the court. We are applying for a bench warrant to compel their appearance,” Abubakar said.
He also questioned the credibility of the medical excuse previously submitted on behalf of Giwa, arguing that the lawyer was not in court on the last adjourned date, March 17.
“He wouldn’t have been in court and at the same time submitted a medical report,” the prosecutor said.
The court was also informed of a change in legal representation. Senior Advocate of Nigeria (SAN), Awa Kalu, now represents Giwa and was absent due to a Call-to-Bar ceremony.
In a separate development, Chibunna Odiniru, representing Chikaosolu Ojukwu, SAN, formally withdrew representation for Osakwe.
When asked to clarify her legal situation, Osakwe told the court she had appeared in court twice and confirmed that Awa Kalu, SAN, was now representing her. Her tone during the exchange prompted a caution from the judge.
Justice Bature, noting the repeated delays, ordered the registrar to contact the Legal Aid Council to provide representation for the third defendant, a police officer.
“No further excuses or adjournments will be entertained,” she warned.
The case was adjourned to November 4 for final arraignment.
