Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
Justice Samira Bature of the FCT High Court, Maitama, Abuja, has ordered the arrest of a police officer, Inspector Edith Erhunmuuse, and a lawyer, Victor Giwa, for repeatedly evading arraignment in a high-profile criminal case involving the forceful eviction of occupants and destruction of property estimated at N300 million. The arrest order, issued on April 24, 2026, came after the prosecution told the court that the case—filed in January 2023—had been stalled for over two years by a "systematic pattern" of absence by the defendants.
The defendants are facing a nine-count charge marked FCT/HC/CR/222/2023, filed by the Office of the Attorney-General of the Federation. They are accused, alongside a third defendant, property developer Cecil Osakwe, of conspiring in 2022 to unlawfully break into the residence of Ms. Asabe Waziri at Mekong Street, Maitama, Abuja, with the assistance of police officers now at large. The prosecution alleges that the defendants carted away her belongings, including her international passport and cash, without her consent. The alleged offences are said to be contrary to Sections 96, 97, 326, and 327 of the Penal Code Law.
At the resumed hearing on April 24, 2026, prosecuting counsel Aderonke Imana informed the court that both Giwa and Erhunmuuse were absent again, despite several previous adjournments. Imana argued that the defendants' conduct amounted to a deliberate attempt to delay the case and urged the court to issue a bench warrant under Sections 113 and 114 of the Administration of Criminal Justice Act (ACJA), 2015.
The lawyer representing the second defendant, Ogbu Aboje, opposed the application, telling the court that his client was ill and had submitted a medical report. He also mentioned pending applications before the court, including one filed on February 2, 2026, and asked the court to ignore the prosecution's request. However, Justice Bature rejected these arguments, describing the letters and medical reports as "mere delayed tactics". She noted that the case had been pending for nearly two years without arraignment due to the defendants' actions. "Courts are not for play. They are for serious business," the judge held.
Justice Bature also addressed the conduct of Inspector Erhunmuuse, noting that she had appeared only once and had consistently stayed away from proceedings. The court had earlier instructed the court registrar to write to the Legal Aid Council of Nigeria to secure representation on her behalf, but she declined the offer.
Rejecting the defence's argument that pending applications should be considered before arraignment, Justice Bature held that "the jurisdiction of the court in criminal matters is activated after a valid arraignment". She ordered that the court shall proceed with arraignment irrespective of any pending applications. She then granted the prosecution's application and issued a bench warrant for the arrest of Giwa and Erhunmuuse.
The judge subsequently adjourned the case to April 29, 2026, for arraignment. In a subsequent hearing on April 29, 2026, Justice Bature retained the warrant order against Inspector Erhunmuuse. The court reiterated that the bench warrant issued to the Commissioner of Police, FCT, against the police officer remains in force. The matter was then adjourned to June 25, 2026, for arraignment, the date on which fresh developments were expected in the case.
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