Alleged forgery: Absence of Abuja-based lawyer’s counsel stalls proceedings

By Edith Nwapi

The trial of an Abuja-based lawyer, Victor Giwa, and Ibitade Bukola was on Wednesday stalled in a FCT high Court, due to the absence of Giwa’s counsel.

Giwa and Bukola are accused of forging official documents and impersonating a Senior Advocate of Nigeria (SAN), Awa Kalu, to mislead the Office of the Attorney-General of the Federation (AGF).

At the resumed hearing of the case, the prosecution counsel F. Gabriel was present in court.

Counsel representing Giwa was absent but sent a letter seeking adjournment through counsel to the second defendant, Ogbu Aboje.

Aboje, counsel to the second defendant informed the court that the adjournment letter originated from Ibrahim Idris SAN, who purportedly represents Giwa.

However, the prosecution counsel objected, insisting that Idris had never appeared in the matter and therefore lacked the capacity to seek an adjournment.

“The learned silk has no interest in this matter. He has never appeared before this Honourable Court for the first defendant.

“If he had ever announced appearance, we can consider his letter. This is yet another tactic by the first defendant to ensure today’s proceedings do not go on.”

Gabriel stressed that the first defendant was “strong enough to move his motion” and that the day’s business should proceed.

In his observation, Justice Jude Onwuegbuzie held that Idris had never appeared in the matter and that the letter appeared to support the prosecution’s claim of a deliberate attempt to delay the trial.

The judge remarked that Giwa, being a lawyer, ought to be eager to defend himself rather than engaging in what he described as “drama and theatrics.”

He noted that Giwa had previously appeared in court with 13 lawyers, later announced he would represent himself, and was now attempting to introduce another counsel without proper notice.

Gabriel also argued that no motion for change of counsel had been filed.

He cited Order 11 Rule 2 of the FCT High Court Civil Procedure Rules, which requires both old and new counsel to notify the court when representation changes.

The judge, however, held that civil procedure rules were not necessary in the criminal context of the case.

Justice Onwuegbuzie subsequently, adjourned the matter until Jan.12, for the hearing of all pending motions.

The defendants are facing a three-count charge bordering on criminal conspiracy to commit forgery, false personation, and fraudulent execution of documents.

According to the charge sheet, the alleged offences were committed on June 28, 2024, when Giwa and Bukola purportedly forged a letter using the official letterhead of Awa U. Kalu (SAN), and addressed it to the Attorney General of the Federation (AGF).

The forged letter titled “Urgent and Solemn Appeal to Suspend the Arraignment of Our Colleague Victor Giwa on Charge Number: CR/222/2023” allegedly sought to influence the AGF to stop Giwa’s arraignment scheduled before Justice Samira Bature at the High Court, Maitama.

(NAN)