Court issues fresh bench warrant for police officer in ‘N300m criminal eviction case’

Justice Samira Bature of the Federal Capital Territory (FCT) High Court, Maitama, Abuja, has issued a fresh bench warrant directing all security agencies to arrest a police officer, Inspector Edith Erhunwuse of the FCT Police Command, over her continued absence in an alleged N300 million criminal eviction and property damage case.

The order was made in suit No. 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 already been issued against the third defendant and that letters had been sent to the Commissioner of Police, FCT Command, but the officer had failed to appear in court despite alleged directives from the Inspector-General of Police.

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 ignored court processes for more than a year while other defendants continued to attend proceedings.

Imana submitted that where a defendant has been duly served and fails to appear without a reasonable excuse, the court is empowered to order the 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 since the first bench warrant was issued and that the impending court vacation could further delay the case.

The judge consequently granted the application and directed all law enforcement agencies to arrest the officer wherever she might 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 ruled.

The order was made pursuant to Section 352 of the ACJA, 2015.

The court also encouraged the parties to continue exploring an out-of-court settlement and directed them to report the outcome at the next sitting.

Justice Bature subsequently adjourned the matter until September 29, 2026, for continuation of trial, 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, represented himself in the proceedings.