By Abubakar Yunusa
The planned arraignment of property developer, Cecil Osakwe, and lawyer, Victor Giwa, was on Tuesday stalled yet again after the prosecution sought an adjournment to allow further review of the case.
The prosecuting counsel, Aderonke Imanah, told the court that the matter, scheduled for arraignment, could not proceed owing to the absence of the third defendant and a directive from the Director of Public Prosecutions of the Federation for a fresh review.
She subsequently asked for a short adjournment.
The court observed that counsel to the third defendant, Chidiebere Onyekwere, had written to explain her client’s absence, noting that the defendant had consistently failed to attend proceedings.
Giwa, who appeared for himself, welcomed the DPP’s decision to commence a review of the case.
Counsel for the first defendant, Farook Akanbi, however, maintained that his client had always been present and ready for arraignment.
Justice Samira Bature granted the request for review and adjourned the matter until April 24 for arraignment.
The charge, marked FCT/HC/CR/222/2023, lists Osakwe, Giwa and Edith Erhunmuuse as defendants.
They are accused of unlawful eviction and malicious damage to property valued at about ₦300m.
One of the counts alleged that in 2022, the defendants conspired to unlawfully break into the residence of Ms Asabe Waziri on Mekong Street, Maitama, Abuja, allegedly with the assistance of police officers said to be at large, and carted away her belongings, including her international passport, without consent.
The offences are said to contravene Sections 96, 97, 326 and 327 of the Penal Code Law.
Addressing journalists after the proceedings, counsel to the nominal complainant, A.K. Musa, described the repeated adjournments as a deliberate pattern of delay capable of undermining the administration of criminal justice.
He said the charge, filed in 2023 by the Office of the Attorney-General of the Federation, was first slated for arraignment on July 3, 2024, but had failed to proceed as the defendants allegedly evaded court appearances.
According to him, the delays run contrary to the provisions of the Administration of Criminal Justice Act, which mandates expeditious trial of criminal matters.
Musa further alleged that the victim’s educational certificates, professional credentials and other personal belongings were still in the custody of the defendants while proceedings remain stalled.
He expressed confidence in the Attorney-General’s commitment to the rule of law but raised concerns that the ongoing review followed petitions by the defendants which, in his view, might not reflect the full facts.
Musa also disclosed that Giwa is facing a separate trial over alleged forgery of a letter purportedly authored by Awa Kalu, which he claimed was intended to halt the current proceedings.
He stressed that justice must serve not only defendants but also victims and the state, adding that petitions to the Attorney-General could not replace appearance before a court of competent jurisdiction.
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