![FCT High Court, Maitama Abuja. [Photo credit: FCT High Court]](https://i0.wp.com/media.premiumtimesng.com/wp-content/files/2017/09/FCT-High-Court-Maitama-Abuja.jpg?fit=608%2C300&ssl=1)
The Federal Capital Territory (FCT) High Court in Abuja on Thursday adjourned for the sixth time the arraignment of a property developer and two others on land-related offences.
The judge, Samira Bature, warned the defendants against ignoring the latest summons.
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“I will not entertain any application for adjournment. No more excuses,” the judge said, and then rescheduled the arraignment for 4 November.
Background
In 2023, the federal government charged the defendants – Cecil Osakwe, a property developer, Victor Giwa, a lawyer, and Edith Erhunmwuuse, a police officer, with nine counts of mischief, trespass and tampering of properties belonging to one Asabe Waziri.
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According to the charges, the defendants allegedly took laws into their own hands by taking Ms Waziri’s properties worth N300 million and her passport.
The police officer, Ms Erhunmwuuse, was accused of conspiring with the other defendants to commit the alleged crimes.
Mr Osakwe allegedly cut off both the light and water supply to one of Ms Waziri’s apartments.
One count said Cecil Osakwe, Victor Giwa, and Edith Erhunrnwuuse, sometimes in 2022 in Abuja, conspired and broke into the house of one Ms Waziri located at Mekong Street, Maitama, Abuja with the assistance of some police officers now at large without her knowledge or consent.
The prosecution alleged in the count that the intruders carted away her cash and other assets worth N300 million and passport.
The offence is said to be contrary to section 96 of the Penal Code Law and punishable under section 97 of the same Law.
Repeated absence
During Thursday’s proceedings, a Chibunna Odinairu, withdrew from representing Mr Osakwe.
Also, Mr Giwa’s lawyer, Awa Kalu, a Senior Advocate of Nigeria, was absent in court. Ogbu Aboje, who represented him, informed the court that Mr Kalu would subsequently represent Mr Osakwe as his lawyer.
Mr Aboje then moved the motion for the adjournment of the arraignment.
However, the prosecution counsel, M.B Abubakar, urged the court to refuse the application for adjournment, stating that it was a “consistent pattern of behaviour.”
But Mr Osakwe informed the court that his absence was due to health challenges and the fact he is not resident in the country.
Notably, the third defendant who was also absent from court, did not have legal representation.
This prompted the judge’s decision for the court to write to the Legal Aid Council of Nigeria (LACON) to provide a lawyer for the third defendant.
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She then issued a final warning to the defendants and adjourned the matter for the last time.
Thursday marked the sixth time the case has been slated for arraignment but stalled by the absence of the defendants.
In February the judge, Ms Bature, issued a warning to the first defendant to appear in court or face coercion.
The rescheduling of the defendants’ arraignment due to their absence reflects the challenges of delays in Nigeria’s judicial system.
In June, the FCT High Court in Jabi rescheduled for the second time the hearing of former Imo East Senator Chris Anyanwu’s N550 million defamation suit against former Imo State Governor Ikedi Ohakim. The case was adjourned due to the absence of Mr Ohakim’s lawyer.
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