Delay Tactics to Evade Trial in Nigeria: The Case of Cecil Osakwe and Victor Giwa

Turning Justice into a Waiting Game: How Defendants Use Delay Tactics to Evade Trial in Nigeria

Introduction: A Calculated Game of Delay

They come to court, but never all at once. One defendant shows up while another sends in a medical excuse. On another date, a lawyer claims to be at a funeral. Then suddenly, legal representation is withdrawn in open court. The case is adjourned again.

This isn’t incompetence or coincidence. It’s a calculated strategy seen repeatedly in Nigeria’s criminal justice system; a coordinated effort to frustrate trials, undermine prosecution, and leave victims of crime waiting endlessly for justice.

The ongoing criminal case involving Abuja-based property developer Cecil Osakwe, his lawyer Victor Giwa, and a third co-defendant at the High Court of the Federal Capital Territory (FCT) is a prime example. Since charges were filed by the Federal Government, the defendants have taken turns being absent from court, stalling proceedings and raising deep concerns about the integrity of the judicial process.

A Pattern of Evasion: The Osakwe and Giwa Case

Charged with nine criminal counts ranging from unlawful eviction, criminal intimidation, threat to life, to malicious damage of property worth over ₦300 million, the defendants in the case marked FCT/HS/CR/222/2023 have yet to be properly arraigned after five court sittings.

At the most recent hearing, held Thursday at the Maitama division of the FCT High Court, only the first defendant, Cecil Osakwe, was present. Victor Giwa, a lawyer, and the third defendant, a police officer, were again absent. This has been the pattern.

The prosecution, represented by M.B. Abubakar, Director of Public Prosecutions of the Federation, expressed strong concern over what he called a “persistent disregard for the court.”

“This is the fifth adjournment,” he told the court. “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.”

But the defence was ready with yet another excuse.

Victor Giwa’s lawyer, Ogbu Aboje, told the court that his client had recently lost two siblings and had to travel. A flight ticket was presented. He also revealed that a new lead counsel, Awa Kalu, SAN, had taken over the case and requested time due to involvement in a Call-to-Bar ceremony.

The prosecution disputed the sincerity of these claims, noting that Giwa had failed to appear in court on March 17, yet submitted a medical report, suggesting a pattern of contradictory and evasive behavior.

Meanwhile, in a dramatic twist, Osakwe’s lawyer Chikaosolu Ojukwu, SAN, through his representative Chibunna Odiniru, announced withdrawal of legal representation, effectively leaving the first defendant without counsel.

When the court sought clarification, Osakwe launched into an outburst in open court, alleging that he was being “persecuted”, prompting a firm caution from Justice Samira Bature.

However, Osakwe, true to his now characteristic public outburst, continues to manipulate the truth, fully aware that the case was thoroughly investigated by the Force Criminal Investigation Department (FCID) and given the gravity of the alleged crime, the case file was forwarded to the Ministry of Justice for prosecution. Those familiar with the case note that he thrives on blackmail and falsehoods, tactics that have long served to shield him from accountability and delay justice.

In a bid to ensure proceedings move forward, the judge directed the Legal Aid Council to provide legal representation for the third defendant, a police officer. She also made it clear: no more excuses or adjournments would be tolerated.

The Delay Playbook: How Defendants Game the System

The tactics seen in this case mirror a wider pattern in Nigeria:

•Rotating Absences: In multi-defendant cases, individuals take turns being absent, preventing progress while technically avoiding outright contempt.

•Sudden Change of Counsel: Defendants switch lawyers at critical moments, buying time with each transition.

•Excuse Documentation: Travel tickets, obituaries, and medical reports are presented—sometimes without verification—to justify absence.

•Withdrawal of Counsel in Court: Lawyers step aside mid-proceeding, forcing delays while new representation is arranged.

•Interlocutory Applications: Frequent filings of motions, objections, and jurisdictional challenges that stall the main trial.

The Hidden Cost: Justice Delayed, Victims Ignored

While the defendants delay, victims of crime wait for justice. In property-related cases like Osakwe’s, complainants may be forcefully evicted, while perpetrators walk free, emboldened by a slow-moving system.

For prosecutors and complainants, the endless court dates, legal filings, and tactical absences become a war of endurance and perseverance for justice.

“It’s a form of institutionalised gaslighting,” said one legal observer. “The system is weaponised against those who seek justice.”

Judicial Patience Wearing Thin

Despite repeated delays, Justice Bature has exercised restraint and fairness, allowing the defence room to comply with due process. But at the last hearing, her tone changed.

She asked pointed questions, demanded accountability from the defendants, and signaled clearly that enough is enough.

Her directive to engage the Legal Aid Council was both a practical solution and a quiet rebuke, underscoring that justice will proceed, with or without the games.

A System Under Siege and the Need for Reform

Nigeria’s courts are overburdened, and many judges face difficult decisions, balancing defendants’ rights to fair hearing with the need to curb abuse of legal process.

Legal experts have long called for reforms, including:

•Time-bound trials for criminal cases, especially where liberty or large public interest is at stake

•Stricter penalties for unjustified absence or obstruction

•Better verification of excuse documentation

•Empowered judges to fast-track pre-trial matters and limit frivolous applications

Conclusion:

Justice Must Not Be Outsmarted

The case of Cecil Osakwe and Victor Giwa is more than a legal proceeding, it is a mirror held up to the Nigerian justice system. It reveals the fragility of justice when process is weaponised, and victims of crime are caught in the gears.

Justice delayed is justice denied, and when delay becomes a tactic, courts must not be passive. Every adjournment has a cost and not just to the complainant, but to the public’s faith in the rule of law.