Victim laments delay in prosecuting two Abuja lawyers over unlawful eviction

Ogunsakin Mustapha
5 Min Read

The complainant in a criminal case involving two Abuja lawyers on Tuesday lamented the delay in their arraignment which has dragged on for almost two years as she continues to suffer from the wrong done to her, even as an FCT High Court again adjourned the case till April 24, 2026.

Ms Asabe Waziri who lives in Abuja is the complainant in a nine count charge of unlawful breaking and illegal eviction and destruction of properties worth N300 million belonging to the complainant from her house at Mekong Street Maitama, Abuja FCT, against Mr Cecil Osakwe, Mr Victor Giwa, and Ms Edith Erhunmuse, a police officer.

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The trial judge, Justice Samira Bature on Tuesday gave the new date following stalled proceedings occasioned by the absence of Edith Erhunmuse, the third suspect. The matter was earlier stalled on Feb. 3, following the absence of the third suspect due to ill health.

Earlier, the Prosecution Counsel, Aderonke Imana, informed the court that the matter, slated for arraignment, could not proceed because the third defendant was absent. She also informed the court that the Director of Public Prosecutions of the Federation (DPPF) had directed a fresh review of the matter. The prosecutor asked the court for a short adjournment to enable them to further review the case on the instruction of the DPPF.

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The court noted that counsel to the third defendant, Chidiebere Onyekwere, had written a letter explaining her client’s absence. Onyekwere said his client had consistently refused to appear in court and that he is not representing her anymore.

Counsel for the first defendant, Farook Akanbi maintained that his client ( Osakwe) has been present and ready. Responding, Giwa, (2nd) defendant who appeared for himself, thanked the DPP for commencing the review of the case.

The suspects were accused of, among other offences, of unlawfully breaking into the residence of Ms. Asabe Waziri at Mekong Street, Maitama, Abuja. According to the prosecution the offences are contrary to Sections 96, 97, 326 and 327 of the Penal Code Law.

The charge was initiated in 2023 by the Office of the Honourable Attorney General of the Federation. While the Defendants were scheduled for arraignment on July 3, 2024, the case has been adjourned eight times due to one excuse or the other. This is contrary to the provisions of the Administration of Criminal Justice Act 2025 which expressly provides for a speedy dispensation of criminal justice. .

Addressing the newsmen after the proceedings, counsel watching brief for the complainant/ victim, A. K. Musa, condemned the delay in matter. He described it as a sustained and deliberate pattern of delay, warning that it poses a grave threat to the administration of criminal justice.

Musa said the charge, instituted in 2023 by the Office of the Attorney-General of the Federation, was first fixed for arraignment on July 3, 2024, but has failed to proceed as the defendants allegedly evaded arraignment on multiple occasions. He said that the repeated delays offended the spirit and letter of the Administration of Criminal Justice Act (ACJA), particularly provisions mandating expeditious trials.

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

He expressed confidence in the Attorney-General’s commitment to the rule of law. Musa said he was concerned that the ongoing review appeared to follow a series of petitions and correspondences by the defendants which, in his view, might not present the full facts.

Musa also disclosed that Victor Giwa is facing a separate trial over an alleged forgery of a letter purportedly written by Mr Awa Kalu SAN which he said was intended to halt the present proceedings. He emphasised that justice is owed not only to defendants but equally to victims and the state.

He therefore warned that petitions to the Attorney-General cannot substitute for appearance before a court of competent jurisdiction.

 

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