Court threatens bench warrant against Abuja lawyer Victor Giwa in criminal matter; orders substituted service on property developer Osakwe
The Federal Capital Territory High Court in Maitama, Abuja, threatened on Tuesday to issue a bench warrant against Victor Giwa, an Abuja-based lawyer, in connection with charges of unlawful eviction, mischief, and malicious damage to property of Ms. Asabe Waziri.
The defendants, absent from court, face a nine-count charge (Case No. CR/222/2023) including unlawful eviction, mischief, tampering with electricity, and damage to property amounting to N300 million. At the resumed hearing, M.A. Una, the prosecuting counsel from the Ministry of Justice, informed the court that Victor Giwa, the second defendant, had previously claimed illness but was found to be representing another client before Justice Binta Nyako of the Federal High Court, Abuja. Una urged the court to issue a bench warrant for Giwa’s arrest to ensure his arraignment.
Deborah Nwoke, representing Victor Giwa, maintained that her client was indeed sick and provided a medical report as evidence. However, she did not dispute his presence in another court on the same day.
Additionally, Una reported that the first defendant, Cecil Osakwe, had been evading service of court documents. He requested the court’s approval for substituted service, allowing the documents to be posted at Osakwe’s residence, located at No. 11, Aso Drive, Abuja.
In a brief ruling, Justice Samira U. Bature granted the request for substituted service and warned that a bench warrant would be issued against Giwa if he failed to appear at the next hearing. Justice Bature emphasized that Giwa’s status as a lawyer granted him some leniency but insisted on his appearance at the next adjourned date.
The charges against the defendants include unlawful eviction, criminal intimidation, threats to life, and malicious damage of property amounting to N300 million. Justice Bature adjourned the case to Wednesday, July 17, for further mention and potential arraignment.
On Wednesday, July 17, 2024, Victor Giwa appeared in court following a request for a bench warrant by prosecuting counsel Mathew Una the previous day. Additionally, after the court approved substituted service on the first defendant, Cecil Osakwe, at his residence, Osakwe’s counsel, Chikwe Ojukwu, SAN, informed the court that the notice had been posted at his client’s residence the day before and that Osakwe was currently out of the country. Ojukwu requested an adjournment to allow Osakwe time to return and attend court, stating that his client was willing to defend himself against the criminal charges filed by the Federal Government.
The charges against the defendants include unlawful eviction, mischief, tampering with electricity, and damage to property amounting to N300 million.
Justice Bature fixed October 28, 2024, for the arraignment of the defendants.
Note: This article was updated to reflect the court proceedings on July 17, 2024.
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