A High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, has issued a bench warrant for the arrest of Abuja lawyer, Victor Giwa, and a police officer, Inspector Edith Erhunmuuse, over their repeated failure to appear for arraignment in an alleged ₦300 million illegal eviction case.
Justice Samira Bature, in a ruling delivered on Friday, held that the persistent absence of the 2nd and 3rd defendants constituted deliberate delay tactics and a clear disrespect for the court.
At a resumed sitting on friday , Federal Government, through its prosecuting counsel, Aderonke Imana, told the court that the matter was filed in January 2023, and had suffered prolonged delays due to the defendants’ consistent absence, preventing their arraignment.
She noted that despite several adjournments, the defendants had failed to present themselves in court, urging the court to invoke Sections 113 and 114 of the Administration of Criminal Justice Act (ACJA) 2015 to compel their appearance.
“It is unfortunate that the 2nd and 3rd defendants are absent again today. This case has followed a consistent pattern of delay, particularly by the 2nd defendant, who had even accused the Attorney-General’s office of stalling the trial,” she said.
Counsel to the 2nd defendant, Ogbu Aboje, opposed the application, informing the court that his client was absent due to illness and had submitted a medical report.
He also drew the court’s attention to pending applications, including one dated February 2, 2026, urging the court to discountenance the prosecution’s request.
However, the prosecution maintained that arraignment is fundamental in criminal proceedings and that the court lacks jurisdiction to entertain any application until the defendants are formally arraigned.
In her ruling, Justice Bature agreed with the prosecution, stressing 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.
She 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.
“Courts are not for play; they are for serious business. The defendants have repeatedly failed to appear for their arraignment and have shown disregard for the authority of this court,” she added.
The court further held that its jurisdiction in criminal matters can only be activated upon proper arraignment, rendering all pending applications premature.
Consequently, Justice Bature granted the prosecution’s application and issued a bench warrant for the arrest of the second and third defendants.
The matter was adjourned to April 29, 2026, for arraignment.
