Human rights activist, Barrister Victor Giwa, informed a Federal Capital Territory High Court that Asabe Waziri, the nominal complainant in a property dispute, has orchestrated the filing of five separate charges against him by instigating the Office of the Attorney-General of the Federation (AGF) through the Director of Public Prosecution and the Office of the Inspector-General of Police.
Representing himself in the unlawful eviction case before Justice Samira Bature, Giwa asserted that the nominal complainant’s goal is to obtain and publicly circulate an arrest warrant against him.
During the court proceedings on Wednesday, Giwa stated, “I am raising a fundamental issue in this matter, which is the jurisdiction of this court to take this matter. My lord, it is important to determine the jurisdiction of this court to hear this matter before proceeding.”
He continued, “It is important to say that the nominal complainant (Asabe Waziri) in this case has the agenda of ensuring that she pushes the prosecution to ask for a bench warrant against the defendants.”
Giwa further notified the judge that he had already filed a motion on notice challenging the court’s jurisdiction to hear the case.
The AGF was not represented in court as the prosecution counsel was absent.
In light of the prosecution’s absence, Giwa urged the court to strike out the charge, arguing that the defense was not served with a letter notifying them of the prosecuting counsel’s absence.
He contended that the absence demonstrated a lack of diligent prosecution of the case.
However, the judge, in a brief ruling, held that the prosecution should be granted another chance to appear in court on the next adjourned date.
Giwa requested the court to determine the issue of jurisdiction at the next sitting.
He reiterated, “We are objecting to the letter to the court by the prosecution asking for adjournment on the ground that we were not served with a copy.”
Giwa reminded the court, “At the last adjourned date, my Lord said she will not accommodate future excuses from parties in this case. We have a motion challenging the jurisdiction of this court to hear this matter. We want the court to take our motion first at the next adjourned date.”
He concluded, “I will be appealing to the court to take, our application first so that the prosecution will not be prejudiced,” he said.
Justice Bature adjourned the case to February 3, 2026, for the defendant to argue his motion challenging the jurisdiction of the court.
The AGF had filed suit against the defendants: Cecil Osakwe, Victor Giwa, and Inspector Edith Erhunmuuse, over an allegation of unlawful eviction.
It seems the next hearing will be focused on whether the court can even hear the case, which is a neat way to put the prosecution on the defensive.
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