A federal capital territory (FCT) high court in Maitama has fixed April 24 for further proceedings in a N300 million suit over an alleged illegal eviction and property damage.
The defendants in the case are Cecil Osakwe, a property
developer; Victor Giwa; and Edith Erhunmuuse.
Samira Bature, the presiding judge, adjourned the case on
Tuesday after the arraignment could not proceed due to the absence of
Erhunmuuse, the third defendant.
The matter had earlier been stalled on February 3 following
her absence, reportedly on health grounds.
At Tuesday’s proceedings, Aderonke Imana, the prosecution
counsel, told the court that the case, which was slated for arraignment, could
not go on due to the third defendant’s absence.
Imana added that the director office of the attorney-general
of the federation (AGF) through the department of public prosecution (DPP) has
directed a fresh review of the case.
She asked for a short adjournment to enable the prosecution
to comply with the directive.
Chidiebere Onyekwere, counsel to the third defendant, said
he had written to the court to explain his client’s absence.
However, he said Erhunmuuse has consistently refused to
appear and that he is no longer representing her.
Farook Akanbi, counsel to Osakwe, said his client was
present and ready to take his plea.
Giwa, who appeared for himself, welcomed the decision of the
DPP in the office of AGF to review the case.
The three defendants are accused of forcibly evicting
occupants and causing damage to the property valued at N300 million.
They were also alleged to have unlawfully broken into the
residence of Asabe Waziri, founder of Asabe Waziri Justice Advocacy Initiative,
on Mekong Street in Maitama, Abuja.
The prosecution said the offences contravene sections 96,
97, 326 and 327 of the Penal Code.
Speaking with journalists after the proceedings, A.K. Musa,
who is watching brief for the complainant, criticised what he described as a
pattern of delays in the case.
Musa said the charge, filed in 2023 by the office of the
AGF, was first scheduled for arraignment on July 3, 2024, but has yet to
proceed, alleging that the defendants had repeatedly failed to appear.
He argued that the delays undermine the spirit of the
Administration of Criminal Justice Act, particularly provisions that require
criminal trials to be conducted expeditiously.
According to him, the complainant continues to suffer
alleged violations while the matter remains unresolved, including the continued
withholding of her educational certificates, professional credentials and other
personal belongings.
Musa expressed confidence in the attorney-general’s
commitment to the rule of law but said he is concerned that the ongoing review
followed a series of petitions by the defendants which, in his view, may not
reflect the full facts of the case.
He also disclosed that Giwa is standing trial in a separate
matter over the alleged forgery of a letter said to have been written by Awa
Kalu, which, according to him, was aimed at halting the current proceedings.
Musa said justice must serve not only the defendants but
also the complainant and the state, adding that petitions to the
attorney-general cannot replace an appearance before the court.
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