Alleged Illegal Eviction: Court grants last adjournment to property developer, Osakwe 

Justice Samira Bature, a Federal Capital Territory (FCT) High Court, Maitama, has given a final grace to a property developer, Cecil Osakwe, to appear for his arraignment.

Osakwe 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 1st defendant has again, for the 5th time, failed to appear before the court for his arraignment.

Una said he was surprised that the 1st defendant was 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 1st defendant’s appearance.

Una reminded the court that the matter commenced in 2023.

He added that even in 2025, it was still going back and forth on the issue of arraignment.

He noted that this was due to the 1st defendant’s persistent failure to appear.

He insisted on the court utilising its powers to make the 1st defendant act accordingly.

He said, “This development is unfortunate considering the history of the case, and it has become very obvious that the defendant is avoiding arraignment.”

In his argument, counsel to the 1st defendant, Chibunna Odiniru, said they 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 an adjournment.

He said the 1st defendant is in a hospital abroad and that they have a doctor’s report to present before the court.

Odiniru told the court that counsel was only able to reach Cecil Osakwe through his family.

He informed the court that they were told Osakwe was in a hospital in the United States facing life-threatening medical conditions.

He insisted that the 1st defendant is not intentionally staying away from the proceedings of the court, as no individual would deliberately wish sickness upon himself.

Presenting the medical report before the court, Odiniru said the 1st defendant would require eight weeks of intensive medical care to enable him to be fit for trial.

“This is prosecution, not persecution, and no one should deny him medical help because we are not supposed to be gathering for his burial.”

Odiniru further said he would undertake to ensure that the 1st defendant is present for arraignment at the next adjourned date if the court would indulge them one last time.

The prosecution counsel reminded the court that this was not the first time but about the third time that the 1st defendant had asked for an adjournment on the basis of a medical report.

The 2nd defendant had tried to argue that the 1st defendant was in court on the very first day of the case, but this was countered by the prosecuting counsel.

Meanwhile, Justice Bature adjourned the case until March 17 for arraignment.

“The court has taken judicial notice of the serial adjournments, and we are constrained again to adjourn the matter.”

Justice Bature, in ruling, added:

“If the defendant fails to appear, we will have no option but to concede to the demand of the prosecution counsel to issue a warrant of arrest on the 1st defendant.

“A month is enough for the 1st defendant and counsel to get their acts together and be ready for arraignment,” the court held.

The 3rd defendant was again in court without legal representation, and Justice Bature insisted that the situation could not continue while asking the prosecution counsel to confer with her to ensure she secured representation.

The defendants are facing a nine-count charge bordering on unlawful eviction, criminal intimidation, threat to life, and damage to property to the tune of N300 million.