N300m Criminal Eviction: Again court orders arrest of police officer

Justice Samira Bature of the Federal Capital Territory (FCT) High Court in Maitama, Abuja, has issued a fresh bench warrant directing all law enforcement agencies to arrest a police officer, Edith Erhunwunse, for repeatedly failing to appear for her arraignment.

The order was made in suit number FCT/HC/CR/222/2023 following an application by the prosecution, led by Aderonke Imana.

Erhunwunse is standing trial alongside property developer Cecil Osakwe and Abuja-based lawyer Victor Giwa on a nine-count charge bordering on conspiracy, unlawful eviction and malicious damage.

The Federal Government alleged that the defendants unlawfully evicted one Asabe Waziri from her residence on Mekong Street, Maitama, Abuja, in 2022 and carted away valuables worth N300m.

According to the charge sheet, the defendants allegedly conspired to gain unlawful entry into the property without the complainant’s consent and with the assistance of police officers said to be at large.

The prosecution further alleged that cash, the complainant’s international passport and other valuables were removed from the residence and taken to an unknown destination.

The defendants were also accused of breaking into the property without a valid court order, damaging doors and other items, and removing belongings valued at N300m.

At the resumed hearing on Thursday, the prosecution counsel informed the court that an earlier bench warrant had been issued against the third defendant and that letters had been sent to the Commissioner of Police, FCT Command.

However, the defendant allegedly failed to appear in court despite directives from the Inspector-General of Police.

Citing Section 353 of the Administration of Criminal Justice Act, 2015, Imana urged the court to issue another warrant, arguing that the defendant had ignored court processes for over a year while the other defendants continued to attend proceedings.

She submitted that where a defendant has been duly served and fails to appear without reasonable excuse, the court is empowered to order the person’s arrest.

Ruling on the application, Justice Bature expressed concern that despite the passage of two months since the earlier order, there had been no progress in securing the defendant’s appearance, noting that the approaching court vacation could further delay the matter.

The judge consequently granted the application and ordered all security agencies to arrest the third defendant wherever she may be found.

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“The court hereby issues a bench warrant to all law enforcement agencies for the arrest of the third defendant, wherever she may be found, for showing disobedience and disrespect to this court,” Justice Bature held.

The order was made pursuant to Section 352 of the ACJA 2015.

Meanwhile, the court encouraged the parties to continue exploring an out-of-court settlement and directed them to report the outcome at the next adjourned date.

Justice Bature subsequently adjourned the matter until September 29, 2026, for continuation of trial and warned that there would be no further excuses for non-appearance.

Usman appeared for the first defendant, while A.K. Musa represented the nominal complainant as watching brief counsel.

The second defendant, Victor Giwa, represented himself.

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