Justice Samira Bature of the High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, on Monday, gave a property developer, Cecil Osakwe and an Abuja-based lawyer, Victor Giwa, the last chance to appear before the court for their arraignment for alleged unlawful eviction, criminal intimidation and threat to life of one Ms Asabe Waziri.
The Federal Government had filed a nine-count charge bordering on unlawful eviction, criminal intimidation, threat to life and damage to property to the tune of N300 million against Osakwe and his co-defendants.
At the resumed sitting in the suit, marked: FCT/HC/CR/22/2023, which was scheduled for arraignment, both Osakwe and Giwa were absent but respectively sent letters seeking an adjournment. They were not represented by any lawyers.
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The prosecution counsel, M.O. Una, told the court that the case had suffered several adjournments adding that it was obvious that the defendants were avoiding arraignment before the court.
While describing the development as unfortunate, the prosecutor said since the case was transferred before the court, the defendants had been seeking adjournments for one reason or the other.
According to Ona, the court had be so magnanimous to grant the defendants adjournment each time they sought for it, adding that their non appearance in court was a sign of disrespect to the court.
He told the court that since the law firms of the first and second defendants had more than one lawyer, representation should not be difficult.
The prosecutor further told the court that contrary to the impression contained in one of the letters from the defendants seeking an adjournment to enable discussions over an out of court settlement, there was no discussion and nothing like out of court settlement.
He informed the court that the nominal complainant was in court and the first defendant who claimsled to be based abroad had never made any effort to appear.
Ona then argued that the court has the powers to compel the defendants’ appearance and should exercise it.
In a short ruling, Justice Bature held that the court would be granting the defendants the last chance to appear before it for their arraignment on a date they suggested by themselves, failure of which the would have no option than to accede to the request of the prosecution to compel their appearance.
She then adjourned the matter to February 17 for arraignment and directed the court registry to ensure that the defendants are notified of the next adjourned date.
