Justice Samira Bature a Federal Capital Territory (FCT) High Court, Maitama, has today given a last grace to an Abuja-based property developer, Cecil Osakwe, to appear before her for his arraignment.
Orakwe and others were to be arraigned for alleged illegal eviction.
At the resumed sitting in the suit marked: FCT/HC/CR/22/2023 only the 2nd defendant, a lawyer, Victor Giwa and the 3rd defendant were present.
The prosecution counsel, M. O. Una, pointed out that the first defendant has again and for the 5th time failed to appear before the court for his arraignment.
Una said he is surprised the first defendant is not in court as the matter suffered a similar fate at the last sitting .
He therefore asked the court to invoke its powers to compel the first defendant’s appearance.
Una reminded the court that the matter has commenced since 2023.
He added that even in 2025, it is still going back and forth on the issue of arraignment because of the first defendant’s failure to appear in court.
He insisted on the court utilising its powers to make the 1st defendant act right.
” This development was unfortunate considering the history of the case and it has become very obvious that the defendant is avoiding arraignment,” the lawyer said.
Counsel to the first defendant, Chibunna Odiniru, said his team have two applications before the court for consideration.
He added that while one has to do with jurisdiction, the other is seeking leave of the court for adjournment .
He said the first defendant is in the hospital abroad and they have a doctor’s report to present before the court.
Odiniru told the court that counsel were only able to reach Cecil Osakwu through the family.
He told the court that they were told he was in a hospital in the United States facing life threatening medical conditions.
He insisted that the first defendant is not intentionally staying away from the proceedings of the court as no individual will deliberately wish sickness upon himself.
Presenting the medical report before the court, Odiniru said the first defendant will require eight weeks of intensive medical care to enable him be fit for the trial.
“This is a prosecution and not persecution and no one should deny him medical help because we are not supposed to be gathering for his burial,” he said.
Odiniru further said he will undertake to ensure that the first defendant is present for arraignment at the next adjourned date if the court will indulge them one last time.
The prosecution counsel reminded the court that this is not the first time, but about the third time, that the first defendant is asking for adjournment on the evidence of a medical report.
The second defendant tried to argue that the first defendant was in court on the very first day of the case, but this was punctured by the prosecuting counsel .
Meanwhile, Justice Bature adjourned until March 17 for arraignment
” The court have taken a judicial notice of the serial adjournments, we are constrained again to adjourn the matter,” the judge said.
Justice Bature added that
If the defendant fails to appear, the court would have no option than to concede to the demand of the prosecution counsel to issue a warrant of arrest on the first defendant.
“A month is enough for the first defendant and the counsel to get their acts together and be ready for arraignment,” the court held.
The third defendant was again in court without legal representation and Justice Bature insisted that the situation cannot continue like that while asking the prosecution counsel to confer with her to ensure she secures representation.
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.
