The Federal Capital Territory (FCT) High Court in Abuja on Tuesday rejected a request to throw out trespass charges against a realtor, a lawyer, and a police officer.
Judge Samira Bature refused the defendants’ application to strike out the charges on grounds of prosecution’s absence from Tuesday’s proceedings.
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Tuesday’s adjournment was the seventh time the case had been adjourned, stalling the arraignment of the defendants.
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 with properties belonging to one Asabe Waziri.
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According to the charges, the defendants allegedly took law into their own hands by taking Ms Waziri’s property worth N300 million and her passport.
Hearing
The prosecution requested an adjournment, citing their lead counsel’s unavailability due to an official assignment abroad.
However, Mr Osakwe’s lawyer, Ayuba Kawu, told the court that his client flew from the United States to attend the day’s proceedings but could not provide any evidence to support his claim when the court asked.
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Therefore, the defence opposed the request, maintaining that the prosecution was not serious.
However, in July, the court issued a final warning to the defendants over their continued absence, which contributed to stalling the arraignment and adjournment of the case six times.
On Tuesday, Ms Bature said she would not strike out the case, as it was the first time it would be adjourned at the instance of the prosecution.
The third defendant was also said to be absent on Tuesday on the ground of ill health, but no medical report was presented by the defence lawyer as evidence.
Reminding the parties of previous adjournments due to the defence’s absence, the judge noted that the prosecution deserved the benefit of the doubt.
“In the interest of justice, both parties must be given the opportunity to be heard.”
The judge adjourned the arraignment till 3 February 2026.
Background
In 2023, the federal government charged the defendants with nine counts of mischief, trespass and tampering with properties belonging to Ms Waziri.
One of the defendants, a police officer, Ms Erhunmwuuse, was accused of conspiring with the other defendants to commit the alleged crimes.
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 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.
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