Justice Samira Bature of the Federal Capital Territory High Court, sitting in Maitama on Monday threatened the arrest of a lawyer, Victor Giwa and property developer, Cecil Osakwe, over their persistent non-appearance for arraignment in a suit alleging illegal eviction and criminal intimidation.
At the resumed sitting which was scheduled for arraignment, the suit marked: FCT/HC/CR/22/2923 was again put off for a 4th time because the 1st and 2nd defendants were not in court but the 3rd defendant was in court without legal representation.
The prosecution counsel M. O. Una, told the court that the case has been severally adjourned and he has seen another letter seeking adjournment by counsel to the defendants.
He said the development was unfortunate considering the history of the case and it has become very obvious that the defendants are avoiding arraignment.
The counsel said since the matter was transferred to this court the defendants have been seeking adjournments and the court has been magnanimously considering it.
He argued that since the firm of the defendants counsel has more than one lawyer representation should not be difficult.
The prosecution therefore argued that the persistent non-appearance of the defendants shows disrespect for the court.
According to Una, Victor Giwa through his law firm in a letter claimed that the court should grant adjournment as the parties are working towards settlement which was refuted by the prosecutor. Una pointed out that the nominal complainant is in court and can attest to it
He further argued that the court has the powers to compel their appearance and should exercise it.
In a short ruling, Justice Bature adjourned the matter until February 17, for arraignment.
The court, however, said should the 1st and 2nd defendant fail to make appearance on that day, a date they themselves suggested, the court will have no option but to accede to the request of the prosecution to compel their appearance.
The defendants are facing a nine-count charge bordering on unlawful eviction and criminal intimidation and threat to life and damage to property to the tune of N300 million.
https://punchng.com/unlawful-eviction-court-adjourns-arraignment-of-lawyer-others-till-february-17