Justice Samira Bature of the High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, today adjourned the arraignment of a property developer, Cecil Osakwe, and an Abuja-based lawyer, Victor Giwa, to October 28. They face charges of alleged unlawful eviction, criminal intimidation, and threat to the life of Ms. Asabe Waziri.
The Federal Government had filed a nine-count charge against Osakwe and Giwa, including allegations of unlawful eviction, criminal intimidation, threat to life, and damage to property amounting to N300 million.
The judge postponed the arraignment, which was initially scheduled for today, after the counsel for the first defendant, Osakwe, Chikwe Ojukwu SAN, informed the court that his client resides in the United Kingdom.
According to the senior advocate, the property developer only became aware of the suit through a phone call, during which he was informed that a service had been pasted on his Nigerian residence.
While seeking an adjournment to enable Osakwe to return to the country to attend court, Ojukwu told the court that his client was willing to defend himself against the criminal charge filed against him by the Federal Government.
The application for adjournment was opposed by the counsel for the Federal Government, Matthew Una.
Una, however, prayed the court for an order that some of the property of the nominal complainant, Waziri Asabe, which is perishable, be released to her.
This was opposed by Ojukwu SAN, who said the proper thing to do since the matter is a criminal case is for the applicant to invoke a civil procedure.
The senior advocate argued that since the federal government is the one prosecuting the defendants in the matter, it cannot step into the shoes of an individual seeking the release of such items.
After listening to the arguments of the parties, Justice Bature urged Una to make the application in writing for the court to consider.
She then adjourned the case to October 28 for arraignment.
On Tuesday, following an application for the issuance of a bench warrant against the second defendant, Victor Giwa, for his failure to appear in court, the judge threatened to issue the warrant and ordered him to appear in court today.
According to Justice Bature, the court did not issue a bench warrant against him because he is a lawyer, but if he failed to appear in court, the court might be constrained to consider the application for a bench warrant against him.
The judge also ordered that processes be served on the first defendant through substituted service by pasting the same on his residence at No. 11, Aso Drive, Abuja.
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