Alleged forgery, impersonation: Judge warns lawyer against seeking private meeting outside open court

Federal High Court Abuja

Justice Jude Onwuegbuzie of the High Court of the Federal Capital Territory, Apo, has cautioned Abuja-based lawyer, Victor Giwa, against seeking any private audience with the court outside open proceedings.

The warning was issued during the trial of Giwa and his co-defendant, Ibitade Bukola, who are facing charges of alleged forgery and impersonation.
The case, which was scheduled for hearing on 12 January 2026, stalled following the absence of Giwa’s lead counsel, Ibrahim Idris (SAN), who was said to be recuperating from surgery. Giwa informed the court of his counsel’s condition, while the second defendant was represented by Ogbu Aboje.

Prosecuting counsel, T. Y. Silas, appeared for the Inspector-General of Police, and Levi E. Nwoye held a watching brief for the complainant.
The court raised concern over an alleged attempt by Giwa to arrange a private meeting in chambers before the hearing. Giwa admitted suggesting a meeting involving the prosecuting counsel, counsel to the second defendant and the court registrar, describing it as professional courtesy.

Justice Onwuegbuzie questioned the propriety of such a move, asking whether it was acceptable for a defendant to seek a private audience with a judge while his case was pending. Giwa conceded that the practice was improper.
Silas confirmed that Giwa had approached him about the proposed meeting but said he declined after the defendant failed to disclose its purpose. He described the attempt as unethical and inappropriate.
Justice Onwuegbuzie described the incident as “shocking” and warned that the court would not tolerate any attempt by a defendant to approach a judge in chambers over a matter already before the court.

On the issue of adjournment, Silas argued that the hearing date had been fixed at the instance of the first defendant, citing a letter dated 10 December 2025 from Giwa’s counsel requesting January dates.
He referred to Section 396(4) of the Administration of Criminal Justice Act 2015, which limits adjournments after arraignment, and urged the court to award costs against Giwa under Section 396(6) for wasting judicial time.
Giwa invoked Section 36(c) of the 1999 Constitution, insisting on his right to counsel of his choice and rejecting the suggestion that another lawyer could represent him.
He described the request for costs as “mischievous” and maintained that he had not benefited from the adjournments. Counsel to the second defendant supported Giwa’s submissions and requested an adjournment.

In his ruling, Justice Onwuegbuzie expressed displeasure at the defence’s conduct, noting that a Senior Advocate should have junior counsel available to step in.
He described the explanations offered as unsatisfactory but said the court would “bend backwards” in the interest of justice.
Although the court found no compelling reason for an adjournment, it granted one “to fulfil all righteousness,” and adjourned the matter to 21 January 2026 for continuation of hearing.

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