The Federal Capital Territory High Court sitting in Maitama on Tuesday threatened to issue a bench warrant against an Abuja based lawyer, Victor Giwa, in an alleged charge of unlawful eviction and criminal intimidation and threat to life of one Ms Asabe Waziri.
The court also ordered a substituted service on the Managing Director of Abeh Signatures Ltd, a property development company and owner of Abeh Signatures Apartments, Maitama, Abuja who was alleged to have been evading court service.
Only last month, the Nigerian Bar Association(NBA) disqualified Giwa from contesting for the chairmanship of its Garki branch due to the criminal cases against him in some courts. The Electoral Appeal Committee set up by NBA and headed by Mr Abdul Atadoga Ibrahim SAN said the criminal cases against him in courts will distract him from performing his duties as Chairman of an NBA branch.
On May 26, the Court of Appeal, Abuja in a judgement read by Justice Hamma Akawu Barka rebuked Mr Osakwe over sharp practices as he said that the property developer wanted to benefit more from a property he had already sold by revoking the sales. Despite the court judgement reverting back the ownership to Ms Asabe, the duo of Giwa and Osakwe had prevented her access to the property.
The defendants were to be arraigned on before the FCT court over alleged unlawful eviction and criminal intimidation but they were absent in court.
At the resumed sitting of the nine-count charge marked: CR/222/2023, counsel to the plaintiff, M.A Una told the court that at the last sitting of the court, Victor Giwa, the 2nd defendant, had written to the court that he was sick but there was, however, evidence that he was before Justice Binta Nyako of the Federal High Court Abuja as a Counsel in another matter.
He therefore urged the court to grant a bench warrant for his arrest for arraignment.
Responding, Deborah Nwoke, Counsel to the 2nd defendant, Victor Giwa, insisted that her client was sick and had a medical report to prove it but did not contest the fact that he was in court that day.
Earlier, the plaintiff’s lawyer had told the court that the 1st defendant, Cecil Osakwe, is evading service and that several attempts to serve him failed and asked the court to grant an application for substituted service that can be pasted on his residence at No11, Aso Drive, Abuja.
In a short ruling, Justice Samira Bature, granted that the service should be pasted on the residence of the 1st defendant and threatened to issue a bench warrant on the 2nd defendant should he fail to appear on the next adjourned date.
The trial judge emphasized the grace was given to 2nd defendant because he is a lawyer and therefore urged him to appear in the next adjourned date or the application for a bench warrant would be granted.
The defendants are facing a nine-count charge bordering on unlawful eviction and criminal intimidation and threat to life and damage to property to the tune of N300 million.
Justice Bature adjourned to Wednesday, July 17 further mention and subsequent arraignment.
