An Abuja High Court sitting in Maitama has fixed April 24 for a ₦300 million suit arising from an alleged illegal eviction involving property developer, Mr Cecil Osakwe, and two others.
Justice Samira Bature gave the new date on Tuesday following stalled proceedings occasioned by the absence of Edith Erhunmuuse, the third suspect.
The matter was stalled on Feb. 3, following the absence of the third suspect her due to ill health.
Earlier, the Prosecution Counsel, Aderonke Imana, informed the court that the matter, slated for arraignment, could not proceed because
the third defendant was absent.
She also informed the court that the Director of Public Prosecutions of the Federation (DPPF) had directed a fresh review of the matter.
The prosecution asked the court for a short adjournment to enable them further review the case on the instruction of the DPPF.
The suspects in the matter are Osakwe, Victor Giwa, and Erhunmuuse.
The charges against the suspects included allegations of criminal conduct involving the forceful eviction of occupants and damage to property estimated at N300 million
The court noted that counsel to the third defendant, Chidiebere Onyekwere, had written a letter explaining her client’s absence.
Onyekwere said his client had consistently refused to appear in court and that he is not representing her anymore.
Counsel for the first defendant, Farook Akanbi maintained that his client ( Osakwe) has been present and ready.
Responding, Giwa, (2nd) defendant who appeared for himself, thanked the DPP for commencing the review of the case.
The suspects were raccused of, among other offences, accused of unlawfully breaking into the residence of Ms. Asabe Waziri at Mekong Street, Maitama, Abuja.
According to the prosecution the offences are contrary to Sections 96, 97, 326 and 327 of the Penal Code Law.
Addressing the newsmen after proceedings, counsel watching brief for the complainant/ victim, A. K. Musa, condemned the delay in matter.
He described it 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 said that the repeated delays offended 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.
He noted that her educational certificates, professional credentials and other personal belongings allegedly remain in the defendants’ custody.
He expressed 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 emphasised that justice is owed not only to defendants but equally to victims and the state.
He therefore, warned that petitions to the Attorney-General cannot substitute for appearance before a court of competent jurisdiction.
