Court orders police officer's arrest in N300m eviction case

Justice Samira Bature of the Federal Capital Territory High Court in Maitama has issued a new bench warrant. This warrant directs all law enforcement agencies to arrest a police officer named Edith Erhunwunse. She has not been showing up for court proceedings in a case involving N300 million in unlawful eviction and property damage.

The order came in suit number FCT/HC/CR/222/2023 after the prosecution, led by Aderonke Imana, made a request. Erhunwunse is on trial with property developer Cecil Osakwe and lawyer Victor Giwa. They face nine charges, including conspiracy, unlawful eviction, and malicious damage.

The Federal Government claims the three defendants unlawfully evicted Asabe Waziri from her home on Mekong Street, Maitama, Abuja, in 2022. They allegedly took valuables worth N300 million during the eviction.

The charge sheet states that the accused conspired to enter the property without Waziri's permission. They did this with help from police officers who are still missing. The prosecution also claims that cash, an international passport, and other valuables were taken from the residence to an unknown location.

The defendants are accused of breaking into the property without a valid court order. They allegedly damaged doors and other items and removed belongings valued at N300 million.

During the court hearing on Thursday, the prosecution lawyer told the court that a previous bench warrant had been issued for the third defendant. Letters were sent to the Commissioner of Police in the FCT Command.

Despite this, Erhunwunse did not appear in court, even after the Inspector-General of Police ordered her to. Aderonke Imana referred to Section 353 of the Administration of Criminal Justice Act, 2015, and pushed the court to issue another warrant. She argued that the defendant had ignored court orders for over a year while the other defendants kept attending.

Imana said that if a defendant is properly served and fails to appear without a good reason, the court can order their arrest. Justice Bature, upon hearing this, expressed worry. She noted that two months had passed since the last order and there had been no progress in getting the defendant to show up. She mentioned that the court vacation coming up could delay the case even more.

The judge approved the request and ordered all security agencies to arrest the third defendant wherever she might be. "The court hereby issues a bench warrant to all law enforcement agencies for the arrest of the third defendant, wherever she may be found, for showing disobedience and disrespect to this court," Justice Bature stated.

This order was made under Section 352 of the ACJA 2015. Meanwhile, the court urged all parties to keep looking for an out-of-court settlement. They were also told to report back on the outcome at the next adjourned date.

Justice Bature then postponed the trial until September 29, 2026, for further proceedings. She warned that no more excuses would be accepted for non-appearance. Usman represented the first defendant, while A.K. Musa acted as watching brief counsel for the complainant. The second defendant, Victor Giwa, represented himself.