The planned arraignment of property developer Cecil Osakwe and lawyer Victor Giwa over an alleged ₦300 million property damage was again put on hold on Tuesday following a directive by the Director of Public Prosecutions of the Federation (DPPF) for a fresh review of the case.
When the matter came up for hearing, prosecuting counsel, Aderonke Imana, informed the court that the arraignment could not proceed due to the absence of the third defendant and the instruction from the DPPF to re-examine the case file.
“This matter is scheduled for arraignment, but we are unable to move forward because the third defendant is not in court and the DPPF has directed that the case be reviewed,” Imana said, urging the court to grant a short adjournment.
The court noted that counsel to the third defendant, Chidiebere Onyekwere, had written to explain her client’s absence, while also observing that the defendant had repeatedly failed to appear in court.
Victor Giwa, who appeared in person, expressed appreciation for the development, stating, “I thank the DPP for initiating a review of this matter.”
Counsel to the first defendant, Farook Akanbi, told the court that his client was present and ready for arraignment.
Justice Samira Bature granted the request for review and adjourned the case to April 24 for arraignment.
The charge, marked FCT/HC/CR/222/2023, names Osakwe, Giwa and Edith Erhunmuuse as defendants. They are accused of unlawful eviction and malicious damage to property valued at approximately ₦300 million.
According to one of the counts, the defendants allegedly conspired in 2022 to unlawfully enter the residence of Ms. Asabe Waziri on Mekong Street, Maitama, Abuja, with the assistance of police officers said to be at large. They were alleged to have removed her belongings, including her international passport and cash, without her consent.
The offences are said to be contrary to Sections 96, 97, 326 and 327 of the Penal Code Law.
Addressing journalists after the proceedings, counsel to the nominal complainant, A.K. Musa, decried what he described as a deliberate and sustained pattern of delay.
“The charge was filed in 2023 and first scheduled for arraignment on July 3, 2024, but it has not proceeded because the defendants have allegedly avoided arraignment on several occasions,” Musa said.
He argued that the recurring adjournments undermine the spirit of the Administration of Criminal Justice Act (ACJA), which emphasises speedy trial of criminal matters.
“The persistent delay threatens the administration of criminal justice. Justice is not only for the defendants; it is equally for the victim and the state,” he stated.
Musa also alleged that the complainant continues to experience hardship, claiming that her academic certificates, professional documents and other personal items remain in the defendants’ possession.
While affirming his confidence in the Attorney-General’s commitment to due process, Musa expressed concern that the ongoing review followed petitions submitted by the defendants, which he suggested may not reflect the full facts of the case.
He further revealed that Giwa is standing trial separately over an alleged forgery involving a letter purportedly authored by Awa Kalu, which he said was intended to frustrate the current proceedings.
“Filing petitions before the Attorney-General cannot replace appearing before a court that has proper jurisdiction,” Musa added.
The case is scheduled to resume on April 24.