Illegal Eviction Case: Court gives Osakwe final chance to appear in eviction case.
A Federal Capital Territory (FCT) High Court in Maitama, presided over by Justice Samira Bature, has granted a final adjournment to property developer Cecil Osakwe, warning that failure to appear at the next sitting will result in a warrant of arrest.
Osakwe and others are facing a nine-count charge, including unlawful eviction, criminal intimidation, threats to life, and property damage amounting to N300 million.
At the resumed hearing of the case today 17/2/2025, (Suit No: FCT/HC/CR/222/2023), only the second defendant, Victor Giwa, a lawyer, and the third defendant were present. The first defendant, Osakwe, was absent for the fifth time.
Prosecution: Osakwe is Avoiding Arraignment
The prosecution counsel, M.O. Una, expressed frustration, emphasizing that the case has been stalled since 2023 due to Osakwe’s repeated absence. He urged the court to exercise its powers to compel his appearance, stating:
“Even in 2025, we are still going back and forth on arraignment because of the first defendant’s persistent failure to appear. This is unfortunate, considering the history of the case. It is clear that the defendant is avoiding arraignment.”
The prosecution expressed serious concerns about the progress of the illegal eviction case, highlighting that despite the serious charges, the proceedings have been held up since 2023.
Defense: Osakwe is Hospitalized in the U.S.
Osakwe’s counsel, Chibunna Odiniru, said there are two applications before the court for consideration. He added that, while one has to do with the court’s jurisdiction the other is seeking an adjournment. He informed the court that Osakwe was hospitalized abroad and submitted a medical report indicating that he required eight weeks of intensive medical care in the United States for a life-threatening condition.
Odiniru argued that his client was not deliberately avoiding court proceedings, stating:
“This is prosecution. No one should be denied medical care. We are not supposed to be gathering for his burial.”
He further undertook to ensure Osakwe’s presence at the next hearing if the court granted a final adjournment.
Court Issues Final Warning
Justice Bature, while granting the adjournment, warned that this would be the last grace given to the defendant. She emphasized:
” The court has taken judicial notice of the serial adjournments. We are constrained again to adjourn this matter. However, if the first defendant fails to appear at the next hearing, we will have no option but to grant the prosecution’s request to issue a warrant of arrest.”
The case was adjourned until March 17, 2025, for arraignment.
Meanwhile, the third defendant appeared in court without legal representation. Justice Bature insisted that this situation could not continue and directed the prosecution counsel to assist in ensuring she secures legal representation before the next hearing.
