A High Court of the Federal Capital Territory, FCT, in Maitama, Abuja, has issued a bench warrant for the arrest of a lawyer, Victor Giwa, and a police officer, Edith Erhunmuuse, over their repeated failure to appear for arraignment in an alleged ₦300 million illegal eviction case.

Justice Samira Bature, in a judgement on Friday, held that the persistent absence of the 2nd and 3rd defendants constituted deliberate delay tactics and a clear disrespect for the court.

At a resumed sitting on Friday , Federal Government, through its prosecuting counsel, Aderike Inana, told the court that the matter was filed in January 2023, and had suffered prolonged delays due to the defendants’ consistent absence, preventing their arraignment.

She noted that despite several adjournments, the defendants had failed to present themselves in court, urging the court to invoke Sections 113 and 114 of the Administration of Criminal Justice Act, ACJA 2015 to compel their appearance.

Counsel to the 2nd defendant, Ogbu Aboje, opposed the application, informing the court that his client was absent due to illness and had submitted a medical report.

He also drew the court’s attention to pending applications, including one, dated February 2, 2026, urging the court to discountenance the prosecution’s request.

The prosecution maintained that arraignment is fundamental in criminal proceedings and that the court lacks jurisdiction to entertain any application until the defendants are formally arraigned.

In her ruling, Justice Bature agreed with the prosecution, stressing that the case had lingered for nearly two years without arraignment due to the defendants’ conduct.

She noted that although the court had previously exercised restraint, including declining earlier requests for a bench warrant in consideration of the second defendant’s status as a lawyer, the continued absence of the defendants left the court with no choice.

The court further held that its jurisdiction in criminal matters can only be activated upon proper arraignment, rendering all pending applications premature.

Consequently, Justice Bature granted the prosecution’s application and issued a bench warrant for the arrest of the second and third defendants.

The matter was adjourned to April 29, 2026, for arraignment.