Court Orders Arrest of Victor Giwa, Edith Erhunmuuse Over Repeated Absence

By Victor Idajili

The Federal Capital Territory  High Court in Abuja on Friday issued a bench warrant for the arrest of the second and third defendants in a criminal case, citing “deliberate delay tactics” and “disrespect to the court” after nearly two years without arraignment.  

Prosecuting counsel Aderonke Imana, who appeared for the Federal Government, told the court that the charge was filed in January 2023, but arraignment had been stalled by a “systematic pattern” of absence by the defendants.  

“There has been a systematic pattern of either the 1st defendant being absent in court or the 2nd defendant being absent,” Inana submitted. “We rely on Sections 113 and 114 of the ACJA 2015. We cannot continue to come to court only to ask for adjournments.”  

She added: “Recall that the 2nd defendant accused our office of delaying this case. Our application is imperative. It is not the intention of the prosecution to keep coming to court for adjournments. Since the 1st defendant did not notify our office of his intention not to be in court, a bench warrant should be issued. The 2nd defendant has not shown any seriousness before this court.”  

Counsel to the 2nd defendant, Ogbu Aboje, opposed the application, urging the court to discountenance it. He said the 2nd defendant had presented a medical report to the court and was absent due to illness.  

“The application is dated 2/2/26. We rely on Section 135 of the ACJA 2015,” Aboje argued. “We urge this court to dispense with the appearance of the 2nd defendant in view of that application. He is not available today due to his illness. On the last sitting, he was in court.”  

In reply, the prosecuting counsel maintained that arraignment was fundamental to criminal proceedings.  

“Arraignment is the beginning of all criminal matters. Any proceeding outside arraignment is a nullity,” she said.  

The 1st defendant was represented by Farouk Akambi, S. O. Abimbayo, and Olabisi I. Lawal.  

Delivering the ruling, the presiding judge stated:  

“I have gone through the records of this court and I cannot fail to agree with the prosecuting counsel that all the letters and medical records being served on the court are mere delay tactics by the second defendant, who, as a legal practitioner, ought to know better.  

This matter was filed in 2023. It commenced before this court on July 16, 2024. Unfortunately, up till today, April 24, 2026—approaching two years—arraignment has not been possible for one reason or the other.  

The prosecution has made the point that if indeed the second defendant is ill, he could have alerted their office before now. Rather, as a delay tactic, he chose to send in this letter today to stall proceedings once again.  

While the third defendant had, on the last adjourned date, insinuated that the prosecution is delaying this trial, the circumstances clearly show that it is the other way around. The third defendant, who appeared only once in this case, has chosen to completely stay away from these proceedings and has consistently been absent.  

The court registrar was instruc1ted to write to the Legal Aid Council of Nigeria to secure representation for her. The court has been reliably informed that the third defendant declined the Legal Aid Council’s offer to represent her, despite the Council having been assigned the case.  

Courts are not for play; they are for serious business. Therefore, since the second and third defendants have chosen to show disrespect to this court by refusing to appear for their arraignment, again for the umpteenth time, the court has no option.  

On Mr. Aboje submissions that there are pending applications, particularly the one dated February 2, 2026, let me state that the position of the law, as rightly pointed out by the prosecuting counsel, is that the jurisdiction of the court in criminal matters is activated after a valid arraignment. All applications can only be taken thereafter.  

Therefore, this court shall proceed with arraignment irrespective of any pending applications.”  

The court subsequently granted the prosecution’s application and issued a bench warrant for the arrest of the second and third defendants.
The case is here by adjourned to Wednesday 29th April, 2026 for arraignment.