Court orders police officer’s arrest for evading N300m eviction case

A Federal Capital Territory (FCT) High Court has ordered the arrest of a police officer, Edith Erhunwunse, for repeatedly failing to appear in court in an ongoing ₦300 million criminal case involving allegations of unlawful eviction, property damage and theft of valuables from a residence in Abuja.

Presiding judge, Samira Bature, issued the fresh bench warrant after the prosecution informed the court that the officer had continued to disregard court proceedings despite an earlier arrest order and notifications sent to senior police authorities, including the Inspector-General of Police.

The order was granted in suit number FCT/HC/CR/222/2023 following an application by the prosecution counsel, Aderonke Imana, who urged the court to compel the defendant’s appearance after what she described as prolonged non-compliance with judicial directives.

Erhunwunse is being tried alongside property developer Cecil Osakwe and Abuja-based lawyer Victor Giwa on a nine-count charge bordering on conspiracy, unlawful eviction, malicious damage and related offences.

The Federal Government alleged that the defendants unlawfully evicted Asabe Waziri from her residence on Mekong Street in Maitama, Abuja, in 2022 and removed valuables estimated at ₦300 million from the property.

According to the charge sheet, the defendants allegedly conspired to gain unlawful access to the residence without the consent of the complainant and with the assistance of other police officers who are yet to be apprehended.

The prosecution alleged that cash, the complainant’s international passport and several other personal belongings were taken from the residence and transported to an unknown location.

The defendants were also accused of breaking into the property without obtaining a valid court order, causing damage to doors and other items within the premises, and unlawfully removing property valued at approximately ₦300 million.

At the resumed hearing, Imana informed the court that a previous bench warrant had already been issued against Erhunwunse and that official correspondence had been forwarded to the Commissioner of Police, FCT Command, to facilitate compliance with the court’s directives.

She told the court that despite those efforts and directives reportedly issued by the Inspector-General of Police, the defendant had continued to evade court proceedings and had failed to appear before the court for more than a year.

Relying on Section 353 of the Administration of Criminal Justice Act (ACJA), 2015, the prosecution urged the court to issue another warrant of arrest, arguing that the defendant’s persistent absence was delaying the trial while the other defendants had continued to attend proceedings.

Delivering the judgement, Justice Bature granted the application and issued a fresh bench warrant pursuant to Section 352 of the ACJA 2015, directing law enforcement agencies to arrest the defendant and produce her before the court.

The court, however, encouraged all parties to continue exploring the possibility of an out-of-court resolution and ordered them to provide an update on the outcome of those discussions at the next hearing.

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

At the proceedings, Usman appeared for the first defendant, while A.K. Musa represented the nominal complainant as watching brief counsel. The second defendant, Victor Giwa, conducted his defence in person.