By Anthony Ochela, Abuja
Justice Samira Bature of the High Court of the Federal Capital Territory (FCT), sitting in Maitama, on Thursday issued a stern warning to a property developer, Cecil Osakwe, and his co-defendants against continued attempts to evade arraignment in a criminal case filed by the Federal Government.
Listed as Defendants in the charge marked, FCT/HS/CR/222/2023 are Cecil Osakwe, Victor Giwa and one other.
The case, which has been adjourned five times, involves a nine-count charge bordering on alleged unlawful eviction, criminal intimidation, threat to life, and malicious damage to property valued at over N300 million.
At Thursday’s sitting, only the first defendant, Osakwe, was present in court.
The 2nd and 3rd defendants were absent, prompting the prosecution represented by the Director of Public Prosecutions,DPP, of the federation, M.B Abubakar, decry what he described as a persistent disregard for the court.
Abubakar told the court that the repeated absence of the defendants was undermining the integrity of the proceedings.
“This is the fifth adjournment. The defendants are showing disrespect and must not be allowed to ridicule the court. We are applying for a bench warrant to compel their appearance,” he said.
However, counsel to the second defendant, Ogbu Aboje, opposed the application.
He explained that the second defendant was not invading the court but had lost two siblings recently, which necessitated travel, and backed the claim with a flight ticket.
He added that the second defendant’s lead counsel, Awa Kalu (SAN), had applied for an adjournment due to his involvement in a call-to-bar ceremony.
The prosecution disputed this claim, stating the 2nd defendant was not in court on the last adjourned date, March 17, “he wouldn’t have been in court and at the same time submitted a medical report.”
In a dramatic turn, Osakwe’ lawyer, Chibunna Odiniru, announced withdrawal of his legal representation.
When the court demanded to hear from the 1st Defendant (Osakwe), he claimed to have appeared in court twice.
He acknowledged facing three different charges and expressed frustration during the proceedings, prompting a caution from the judge.
Justice Bature asked Osakwe directly whether he had secured new legal representation.
Osakwe said when his legal representatives announced their withdrawal he had sought the service of Awa Kalu, SAN , but the counsel would not be available immediately and asked the court for another date.
Noting the prolonged delays, the judge directed the court registrar to write to the Legal Aid Council to provide legal representation for the third defendant who has no legal representation in the matter.
The judge emphasized that no further excuses or applications for adjournment would be entertained.
The matter was adjourned to November 4 for final arraignment.
The charges against Osakwe and Giwa include allegations involving the unlawful eviction of occupants and damage to property estimated at N300 million.
