Judiciary directs detention of law enforcement agent over 300 million naira property dispute

Justice Samira Bature of the Federal Capital Territory High Court, Maitama, has taken a stern stance against a police officer, Edith Erhunwunse, by issuing a fresh bench warrant for her arrest due to her persistent absence from court proceedings in a high-profile case involving N300m in criminal eviction and property damage. This move was made in response to an application by the prosecution, led by Aderonke Imana, in suit number FCT/HC/CR/222/2023.

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Erhunwunse is currently standing trial alongside two other defendants, Cecil Osakwe, a property developer, and Victor Giwa, an Abuja-based lawyer, on a nine-count charge that includes conspiracy, unlawful eviction, and malicious damage. The Federal Government has alleged that the defendants were involved in the unlawful eviction of Asabe Waziri from her residence on Mekong Street, Maitama, Abuja, in 2022, and that they made off with valuables worth N300m.

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According to the charge sheet, the defendants allegedly conspired to gain entry into the property without the complainant's consent, enlisting the help of police officers who are currently at large. The prosecution has also alleged that the defendants removed cash, the complainant's international passport, and other valuables from the residence, taking them to an unknown destination.

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The defendants have been accused of breaking into the property without a valid court order, causing damage to doors and other items, and removing belongings valued at N300m. These allegations are central to the case against Erhunwunse, Osakwe, and Giwa, who are all implicated in the alleged crimes.

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At the resumed hearing on Thursday, the prosecution counsel informed the court that an earlier bench warrant had been issued against Erhunwunse, and that letters had been sent to the Commissioner of Police, FCT Command, in an effort to secure her appearance in court. However, despite these directives, Erhunwunse failed to appear, prompting the prosecution to seek further action.

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Citing Section 353 of the Administration of Criminal Justice Act, 2015, Imana urged the court to issue another warrant for Erhunwunse's arrest, arguing that she had ignored court processes for over a year while the other defendants continued to attend proceedings. This move was seen as necessary to ensure that the case could proceed without further delays.

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Ruling on the application, Justice Bature expressed concern that despite the passage of two months since the earlier order, there had been no progress in securing Erhunwunse's appearance, noting that the approaching court vacation could further delay the matter. The judge's concerns were evident as she considered the next steps in the case.

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The judge consequently granted the application and ordered all security agencies to arrest Erhunwunse wherever she may be found, citing her disobedience and disrespect for the court. This order was made pursuant to Section 352 of the ACJA 2015, and it marked a significant development in the case.

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The court also encouraged the parties to continue exploring an out-of-court settlement, directing them to report the outcome at the next adjourned date, as it sought to find a resolution to the dispute. This approach was seen as a way to potentially bring the case to a close without the need for further litigation.

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Justice Bature subsequently adjourned the matter until September 29, 2026, for continuation of trial, and warned that there would be no further excuses for non-appearance, emphasizing the importance of all parties being present for the next hearing. The judge's warning was clear, and it was expected that all defendants would take it seriously.

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Usman appeared for the first defendant, while A.K. Musa represented the nominal complainant as watching brief counsel, and the second defendant, Victor Giwa, represented himself in the proceedings, highlighting the complex nature of the case and the various interests involved.