Justice Samira Bature of the Federal Capital Territory High Court, Maitama, has issued a new bench warrant directing all law enforcement agencies to arrest Edith Erhunwunse, a police officer, for her continued absence from proceedings in an alleged N300 million criminal eviction and property damage case.
The order was issued in suit number FCT/HC/CR/222/2023 following an application by the prosecution, represented by Aderonke Imana.
Erhunwunse is on trial alongside property developer Cecil Osakwe and Abuja-based lawyer Victor Giwa on nine counts of conspiracy, unlawful eviction, and intentional destruction.
The Federal Government claimed that the defendants unlawfully evicted Asabe Waziri from her home on Mekong Street, Maitama, Abuja, in 2022 and carried away goods worth N300 million.
According to the charge sheet, the defendants reportedly planned to gain unlawful access into the home without the complainant’s agreement and with the assistance of police officials who are currently at large.
The prosecution further claimed that cash, the complainant’s international passport, and other valuables were removed from the apartment and transported to an unknown location.
The defendants were also accused of breaking into the home without a valid court order, damaging doors and other furnishings, and removing belongings worth N300 million.
The prosecution counsel informed the court on Thursday that an earlier bench warrant had been issued against the third defendant and letters had been sent to the Commissioner of Police, FCT Command.
However, the defendant allegedly failed to appear in court despite directives from the Inspector-General of Police.
Imana urged the court to issue another warrant, citing Section 353 of the Administration of Criminal Justice Act, 2015.
She contended that if a defendant has been properly served and fails to appear without justifiable excuse, the court has the authority to order the person’s arrest.
Ruling on the application, Justice Bature expressed worry that, despite the passing of two months since the previous order, no progress had been made in ensuring the defendant’s appearance, noting that the next court holiday could further delay the process.
The judge granted the application and directed the security forces to arrest the third defendant wherever she was found.
“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 held.
The order was issued under Section 352 of the ACJA 2015.
Meanwhile, the court encouraged the parties to pursue an out-of-court settlement and ordered them to report the results at the next adjourned date.
Justice Bature then delayed the case until September 29, 2026, for a resumption of trial and warned that there would be no more excuses for non-appearance.
Usman represented the first defendant, and A.K. Musa served as the nominal complainant’s watching brief counsel. Victor Giwa, the second defendant, represented himself.
