N300m Criminal Eviction: Court Orders Arrest Of Police Officer

Justice Samira Bature of the Federal Capital Territory (FCT) High Court in Maitama, Abuja, has issued a fresh bench warrant directing all security and law enforcement agencies to arrest a police officer, Edith Erhunwuse, over her alleged failure to appear in court in connection with a N300 million criminal eviction and property damage case.

The order was made in suit number FCT/HC/CR/222/2023 following an application by the prosecution, led by Aderonke Imana.

At the resumed hearing on Thursday, Imana informed the court that an earlier bench warrant had been issued against the third defendant and that letters had subsequently been sent to the Commissioner of Police, FCT Command. However, she said the defendant had continued to disregard court proceedings despite alleged directives from the Inspector-General of Police requiring her appearance.

Relying on Section 353 of the Administration of Criminal Justice Act (ACJA), 2015, the prosecution urged the court to issue a fresh warrant, arguing that the defendant had failed to honour court summons for more than a year, while the other defendants had consistently attended proceedings.

Imana submitted that where a defendant has been duly served and fails to appear without reasonable justification, the court is empowered by law to order such person’s arrest.

In her ruling, Justice Bature expressed concern over the lack of progress in enforcing the earlier order, noting that two months had elapsed without compliance. She further observed that the impending court vacation could cause additional delays in the matter.

The judge subsequently granted the application and ordered all security agencies to apprehend the third defendant wherever she may be 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 made pursuant to Section 352 of the ACJA 2015.

The court also encouraged the parties to continue exploring the possibility of an out-of-court settlement and directed them to provide an update on any progress made at the next hearing.

The matter was adjourned until September 29, 2026, for continuation of trial, with the court warning that no further excuses for non-appearance would be entertained.

A.S. Usman appeared for the first defendant, while A.K. Musa represented the nominal complainant as watching brief counsel.

The second defendant, Abuja-based lawyer Victor Giwa, appeared in person and represented himself.