Legal Nigeria

Court again adjourns ₦300m illegal eviction case against Osakwe, Giwa, Erhunmuuse

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By Edith Nwapi/NAN

An Abuja High Court sitting in Maitama has fixed April 24 for hearing in a ₦300 million suit arising from an alleged illegal eviction involving property developer, Mr. Cecil Osakwe, and two others.

Justice Samira Bature set the date on Tuesday following stalled proceedings caused by the absence of the third defendant, Edith Erhunmuuse.

The matter had earlier been stalled due to the same defendant’s absence on health grounds.

Earlier, the prosecution counsel, Aderonke Imana, informed the court that the case, slated for arraignment, could not proceed because the third defendant was absent.

She also told the court that the Director of Public Prosecutions of the Federation (DPPF) had directed a fresh review of the matter.

The prosecution subsequently requested a short adjournment to enable further review of the case in line with the DPPF’s directive.

The defendants in the suit are Osakwe, Victor Giwa, and Erhunmuuse.

The charges against them include allegations of criminal conduct involving the forceful eviction of occupants and damage to property estimated at ₦300 million.

The court noted that counsel to the third defendant, Chidiebere Onyekwere, had written to explain her client’s absence. Onyekwere stated that his client had consistently refused to appear in court and that he no longer represents her.

Counsel to the first defendant, Farook Akanbi, maintained that his client, Osakwe, had been present and ready for proceedings.

Responding, the second defendant, Giwa, who appeared in person, thanked the DPP for initiating a review of the case.

The defendants were accused, among other offences, of unlawfully breaking into the residence of Ms. Asabe Waziri on Mekong Street, Maitama, Abuja.

According to the prosecution, the alleged offences are contrary to Sections 96, 97, 326, and 327 of the Penal Code Law.

Speaking to journalists after the proceedings, counsel holding brief for the complainant, A. K. Musa, expressed concern over the delays in the case. He described the situation as a sustained pattern of delay and warned that it could undermine the administration of criminal justice.

Musa stated that the charge, filed in 2023 by the Office of the Attorney-General of the Federation, was first scheduled for arraignment on July 3, 2024, but had yet to proceed, alleging that the defendants had evaded arraignment on several occasions.

He added that the repeated delays were inconsistent with the provisions of the Administration of Criminal Justice Act (ACJA), which mandate expeditious trials.

Musa further alleged that while proceedings remain stalled, the complainant continues to suffer ongoing violations of her rights. He said her educational certificates, professional credentials, and other personal belongings allegedly remain in the defendants’ custody.

He, however, expressed confidence in the Attorney-General’s commitment to upholding the rule of law.

Musa also raised concerns that the ongoing review followed a series of petitions and correspondences by the defendants which, in his view, may not present the full facts of the case.

He disclosed that Victor Giwa is also facing a separate trial over the 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 also to victims and the state, adding that petitions to the Attorney-General cannot replace appearance before a court of competent jurisdiction. -(NAN)

Source; PM News