Lawyer threatened with bench warrant for court absence

A Federal Capital Territory High Court sitting in Maitama on Tuesday threatened to issue a bench warrant on an Abuja-based lawyer, Victor Giwa, in an alleged charge of unlawful eviction, criminal intimidation, and threat to the life of one Ms Asabe Waziri.

The defendants, in the suit, marked CR/222/2023, 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.

When the matter was called upon for hearing at today’s sitting, all three defendants as mentioned in the suit, Mr. Cecil Osakwe, Mr. Victor Giwa, and Ms. Edith Erhumwuuse were absent for their scheduled arraignment.

The plaintiff’s counsel, M.A Una, had told the court that at the previous sitting in the matter, Victor Giwa, the 2nd defendant, had written to the court that he was sick but there was, however, evidence that he was before Justice Binta Nyako of the Federal High Court Abuja as a counsel in another matter.

He, therefore, urged the court to grant a bench warrant for his arrest for arraignment.

Giwa’s counsel Deborah Nwoke, in her response, insisted that her client was sick and had a medical report to prove it but did not contest the fact that he was in court that day.

The plaintiff’s lawyer also told the court that the 1st defendant, Cecil Osakwe, is evading service and that several attempts to serve him failed.

He asked the court to grant an application for substituted service that can be pasted on his residence at No11, Aso Drive, Abuja.

In a short ruling, Justice Samira Bature granted the substituted service request to be pasted on the residence of the 1st defendant.

She also threatened to issue a bench warrant on the 2nd defendant should he fail to appear on the next adjourned date.

The judge held that the  2nd defendant is being pardoned only on the grace that he is a lawyer.

She urged him to appear in the next adjourned date or the application for a bench warrant would be granted.

Justice Bature adjourned to Wednesday, July 17 for further mention and subsequent arraignment.