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, the last chance to appear before the court for arraignment over an alleged unlawful eviction, criminal intimidation, and threat to life of one Ms Asabe Waziri.
The Federal Government, in the suit marked FCT/HC/CR/22/2023, 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 two others.
At the resumed sitting in the case, scheduled for the arraignment of the three defendants, Osakwe, who is the first defendant, was again absent in court while the second defendant, a lawyer, Victor Giwa, and the third defendant were in court.
The prosecution counsel, M.O. Una, told the court that Osakwe was again absent in court for the arraignment to proceed, pointing out that the first defendant’s absence today made it the fifth time he had failed to appear in court.
He expressed surprise that the first defendant was absent in court today as he did at the last sitting on January 27 and, therefore, urged the court to invoke its powers to compel the property developer to appear in court and take his plea.
This, according to Una, became imperative considering the fact that the case commenced in 2023, lamenting that despite this the matter had been going back and forth even in 2025 as a result of the first defendant’s consistent absence in court.
According to the prosecutor, “This development is unfortunate, considering the history of this case. It has become very obvious that the defendant is avoiding arraignment.”
Counsel for Osakwe, Chibunna Odiniru, however, while informing the court that the first defendant has two pending applications before the court on its jurisdiction and seeking leave for adjournment, said his client was admitted to a hospital in the United States.
He informed me that there was a medical report to prove that Osakwe was on admission to a US hospital where he was facing life-threatening medical conditions.
Odiniru told the court that the first defendant’s lawyers were only able to reach him through his family members.
He added that his client is not intentionally staying away from court and asserted that no individual will deliberately wish his/herself sickness.
While presenting a medical report to back his claim, the counsel for the first defendant told the court that Osakwe would require eight weeks of intensive medical care to enable him to be fit enough to face his trial.
According to Odiniru, “This is a prosecution and not persecution. No one should deny him (Osakwe) medical help because we are not supposed to be gathering for his burial.”
He, then offered to make undertaking to ensure his client is present in court on the next adjourned date should be court be inclined to grant an adjournment for the last time.
Responding to Odiniru’s submissions, the prosecutor reminded the court that this was the third time Osakwe would be seeking adjournment on health ground.
In her ruling, Justice Bature held that the court has taken judicial notice of the series of adjournments and is inclined to grant another adjournment.
She, however, said the court would be forced to concede to the prosecution’s demand for the issuance of arrest warrant in case the first defendant fails to appear at the next adjourned date.
“The court has taken judicial notice of the serial adjournment. We are constrained again to adjourn the matter.
“If the defendant fails to appear (at the next adjourned date), we have no option than to concede to the demand of the prosecution to issue a warrant of arrest on the first defendant.
“A month is enough for the first defendant and the counsel to get their acts together and be ready for arraignment,” the judge held.
She subsequently adjourned the case to March 17 for arraignment of the defendants.
Meanwhile, the court has asked the prosecution to confer with the third defendant, who was in court today without legal representation l, to ensure that she secures a lawyer to appear for her in court.
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