By Ikechukwu Nnochiri
ABUJA– A High Court of the Federal Capital Territory, FCT, sitting at Apo, on Monday, issued a bench warrant against two lawyers charged with forgery and impersonation.
Justice Jude Onwuegbuzie made the arrest order following repeated failure of the defendants- Victor Giwa, and Ibitade Bukola- to appear before the court to enter their plea to the charge that was preferred against them by the Inspector General of Police.
In the charge marked: CR/150/25, the duo were accused of conspiring to forge a legal document purportedly issued by the chambers of a Senior Advocate of Nigeria, SAN, Prof. Awa U. Kalu, with the intent to mislead the Attorney General of the Federation, AGF.
According to the three-count charge, the alleged offence occurred on June 28, 2024.
The prosecution alleged that the defendants forged and signed a letter on the official letterhead of the SAN, requesting the AGF to suspend a scheduled arraignment.
The contentious letter, titled “Urgent and Solemn Appeal to Suspend the Arraignment of Our Colleague Victor Giwa on Charge Number: CR/222/2023”, was allegedly addressed to the AGF.
It allegedly sought intervention of the AGF to halt an arraignment that was scheduled before trial Justice Samira Bature of the high court.
The IGP, in the charge, maintained that the two lawyers committed offences punishable under Section 97, 179 and 364 of the Penal Code Act, 2004
At the resumed proceeding of the court on Monday, the prosecution counsel, Mr. Eristo Asaph, noted that the defence lawyer told the court that the 1st defendant was bereaved, hence his absence for the scheduled arraignment.
The prosecution counsel further noted that it was on the strength of an application by the defendant that the case was adjourned.
He, therefore, wondered why the duo were also absent in court for the case to proceed.
Responding, the defence counsel, Mr. Ogbu Aboje, told the court that the 1st defendant, Giwa, wrote a letter that was accompanied with a medical report dated September 3, indicating that he had a health challenge he described as “Degenerative disorder of the lumber vertebrae,” in addition to his hypertensive condition.
He added that the 2nd defendant equally went to the hospital on Monday morning to keep to a routine appointment for the immunisation of her daughter.
More so, he drew attention of the court to an application the defendants earlier filed to challenge its jurisdiction to entertain the case.
Dissatisfied with the developments, the prosecution counsel urged the court to issue a warrant for the defendants to be arrested y security agencies and produced for their trial.
In his ruling, Justice Onwuegbuzie held that having listened to both parties, he was minded to accede to the prosecution’s request.
He court stressed that the medical report did indicate that the 1st defendant would not be able to attend court, adding that the 2nd defendant did not adduce any material to justify her absence.
Consequently, relying on the provision of section 266 (2) and 352 of the Administration of Criminal Justice Act (ACJA), Justice Onwuegbuzie issued a bench warrant for the defendants to be arrested and produced before the court on October 8.
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