A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, has ordered the arrest of a lawyer, Victor Giwa, and a police officer, Edith Erhunmuuse, due to their persistent failure to appear for arraignment in an alleged ₦300 million illegal eviction case. Justice Samira Bature issued a bench warrant during a ruling on Friday, stating that the repeated absence of the second and third defendants constituted deliberate delay tactics and a clear disrespect for the court's authority.
Prosecution Highlights Delays
At the resumed hearing, the Federal Government's prosecuting counsel, Aderike Inana, informed the court that the case was filed in January 2023 but had experienced prolonged delays because of the defendants' consistent absence, which prevented their arraignment. Despite several adjournments, the defendants failed to appear in court. Inana urged the court to invoke Sections 113 and 114 of the Administration of Criminal Justice Act (ACJA) 2015 to compel their attendance.
“It is unfortunate that the second and third defendants are absent again today. This case has followed a consistent pattern of delay, particularly by the second defendant, who had even accused the Attorney-General’s office of stalling the trial,” she stated.
Defense Counsel's Objection
Counsel for the second 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 attention to pending applications, including one dated February 2, 2026, and urged 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.
Court's Ruling
In her ruling, Justice Bature agreed with the prosecution, emphasizing 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.
