Arraignment Delayed Again as DPP Orders Review in N300m Property Damage Case

The planned arraignment of property developer Cecil Osakwe and lawyer Victor Giwa was again stalled on Tuesday after the prosecution sought an adjournment to allow for a fresh review of the case as directed by the Director of Public Prosecutions of the Federation (DPPF).

When the matter came up for hearing, prosecuting counsel Aderonke Imanah informed the court that the arraignment could not proceed due to the absence of the third defendant and the directive from the DPPF for further review of the case. She therefore requested a new date.

The court observed that counsel to the third defendant, Chidiebere Onyekwere, had written to explain her client’s absence, noting that the defendant had not consistently appeared in court.

Victor Giwa, who represented himself, welcomed the DPP’s decision to review the case. However, his attempt to move a motion before the court was opposed by the prosecution on the grounds that arraignment had not yet taken place. The trial judge upheld the objection.

Counsel to the first defendant, Farook Akanbi, maintained that his client had been present in court and ready to proceed.

Justice Samira Bature approved the request for case review and adjourned the matter until April 24 for arraignment.

The charge, marked FCT/HC/CR/222/2023, lists Osakwe, Giwa and Edith Erhunmuuse as defendants. They are accused of unlawful eviction and malicious damage to property valued at approximately ₦300 million.

One of the counts alleges that in 2022, the defendants conspired to unlawfully break into the Maitama, Abuja residence of Ms. Asabe Waziri, allegedly with the assistance of police officers said to be at large. They are accused of removing her personal belongings, including her international passport, without her consent.

The offences are said to contravene Sections 96, 97, 326 and 327 of the Penal Code Law.

Speaking to journalists after the court session, counsel to the nominal complainant, A.K. Musa, criticised what he described as persistent delays in the case, warning that such setbacks undermine the administration of criminal justice.

Musa noted that the charge was filed in 2023 by the Office of the Attorney-General of the Federation and first scheduled for arraignment on July 3, 2024, but has yet to proceed due to repeated adjournments, which he attributed to the defendants’ failure to appear.

He argued that the delays run contrary to the provisions of the Administration of Criminal Justice Act (ACJA), which mandates speedy trials. He further alleged that the complainant continues to suffer hardship, claiming that her educational certificates, professional documents and other personal belongings remain in the defendants’ possession.

While expressing confidence in the Attorney-General’s commitment to upholding the rule of law, Musa said he was concerned that the ongoing review may have been prompted by petitions from the defendants that, in his view, do not fully reflect the facts of the case.

He also disclosed that Giwa is facing a separate trial over an alleged forgery involving a letter purportedly authored by Awa Kalu, which he claimed was intended to halt the present proceedings.

Musa emphasised that justice must serve not only defendants but also victims and the state, stressing that filing petitions cannot replace appearing before a court of competent jurisdiction.