The scheduled arraignment of property developer Cecil Osakwe and lawyer Victor Giwa was on Tuesday stalled once again as the prosecution sought a short adjournment to enable a further review of the case on the instruction of the Director of Public Prosecutions of the Federation (DPPF).
At the resumed sitting, prosecuting counsel, Aderonke Imana, informed the court that the matter, slated for arraignment, could not proceed because the third defendant was absent and the DPPF had directed a fresh review.
She consequently asked the court for a new date.The court noted that counsel to the third defendant, Chidiebere Onyekwere, had written a letter explaining her client’s absence, adding that the defendant had been consistently absent from proceedings.
Also responding, Victor Giwa, who appeared for himself, thanked the DPP for commencing the review of the case.
Counsel for the first defendant, Farook Akanbi maintained that his client had been present and ready.
Justice Samira Bature accordingly okayed the case for review and adjourned the matter to April 24 for arraignment.
The charge, marked FCT/HC/CR/222/2023, lists Osakwe, Giwa and Edith Erhunmuuse as defendants.
They are accused of, among other offences, unlawful eviction and malicious damage to property estimated at ₦300 million.
One of the counts alleges that sometime in 2022, the defendants conspired to unlawfully break into the residence of Ms. Asabe Waziri at Mekong Street, Maitama, Abuja, with the assistance of police officers now at large, carting away her belongings, including her international passport and cash, without consent.
The alleged offences are said to be contrary to Sections 96, 97, 326 and 327 of the Penal Code Law.
Addressing journalists after proceedings, counsel to the nominal complainant, and the victim, A. K. Musa, condemned what he described as a sustained and deliberate pattern of delay, warning that it poses a grave threat to the administration of criminal justice.
Musa said the charge, instituted in 2023 by the Office of the Attorney-General of the Federation, was first fixed for arraignment on July 3, 2024, but has failed to proceed as the defendants allegedly evaded arraignment on multiple occasions.
He argued that the repeated delays offend the spirit and letter of the Administration of Criminal Justice Act (ACJA), particularly provisions mandating expeditious trials.
He further alleged that while proceedings remain stalled, the victim continues to suffer ongoing violations of her rights, noting that her educational certificates, professional credentials and other personal belongings allegedly remain in the defendants’ custody.
While expressing confidence in the Attorney-General’s commitment to the rule of law, Musa said he was concerned that the ongoing review appeared to follow a series of petitions and correspondences by the defendants which, in his view, might not present the full facts.
Musa also disclosed that Victor Giwa is facing a separate trial over an alleged forgery of a letter purportedly written by Awa Kalu, which he said was intended to halt the present proceedings.
He emphasized that justice is owed not only to defendants but equally to victims and the state, warning that petitions to the Attorney-General cannot substitute for appearance before a court of competent jurisdiction
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