Justice Jude Onwuegbuzie of the Federal Capital Territory (FCT) High Court in Apo, Abuja on Monday issued a bench warrant against two lawyers, Victor Giwa, and Ibitade Bukola Olugbenga over their continued evasion of court which has stalled their scheduled arraignment.

The duo of Giwa and Bukola Olugbenga had been dragged before the court by the police over allegations bordering on forgery and impersonation.

In the charge marked CR/150/25 filed by the Inspector General of Police, the duo of Giwa and Ibitade Bukola are accused of conspiring to forge a legal document purportedly issued by the chambers of the Senior Advocate of Nigeria (SAN), 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 claims that Giwa and Ibitade Bukola forged and signed a letter on the official letterhead of Awa U. Kalu (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 purportedly originated from the SAN’s chambers and sought intervention to halt the arraignment scheduled before Hon. Justice Samira Bature of the High Court in Maitama, Abuja, on July 2, 2024.

In the letter, the supposed authors argued that the charges against Giwa at the FCT high court, Maitama, should be withdrawn in the interest of “natural justice, equity, and fair play.”

Giwa, alongside property developer Cecil Osakwe and one other, were to be arraigned on a nine-count charge bordering on alleged illegal eviction, criminal intimidation, threat to life, and property damage amounting to N300 million, before Justice Bature.

However, the fresh charge before the FCT high court that Apo brought against Giwa and Bukola Olugbenga includes conspiracy to commit forgery and impersonation (punishable under Section 97 of the Penal Code Act, 2004), dishonest execution of a fraudulent document (Section 364), and false personation of a legal practitioner (Section 179).

At the resumed sitting of the court on Monday, Prosecution Counsel, Eristo Asaph, recalled that at the last sitting on 26 May 2025, counsel to the 1st defendant had notified the court of the lose of two sisters and he was in the middle of preparation for their burial for which an adjournment was sought and granted.

The prosecution counsel therefore wondered why the duo has again failed to make appearance for their arraignment.

Counsel for both defendants, Ogbu Aboje told the court that the first defendant, Mr. Giwa had written a letter along with a medical report to the court dated September 3, notifying that court that he has need to attend to a serious and urgent medical issue, which he described as “Degenerative disorder of the lumber vertebrae” in addition to his hypertensive condition.

Speaking on behalf of the 2nd defendant, Aboje said she has to visit the hospital this morning as she has a routine appointment over her daughter’s immunisation.

The defence counsel also urged the court to invoke its powers over the explanation and do so also in view of their application before the court which is challenging its jurisdiction over the matter in line with 266(sub 2) of the Administration of Criminal Justice Act (ACJA).

The prosecution counsel, Asaph opposed the 1st defendant’s letter before the court on the premise that the said medical report did not indicate that he would be unable to be present in court because of an ailment that can be very easily managed.

Asaph, therefore, urged the court to in view of that defect discountenance the said letter.

He also agued that the 2nd defendant did not bother to produce any letter or document to show the medical appointment so the court should reject her plea.

Speaking further, Asaph said that in view of the development a bench warrant should be issued against both the 1st and 2nd defendants for refusing to be in court willingly.

Asaph also insisted that on the question of Section 266(Sub 2), the said section talks about interlocutory matters but this is a criminal matter and section 396( Sub 2) of ACJA said until arraignment is conducted the defendant cannot raise preliminary objections.

He again emphasized that In view of the circumstance the court should issue a bench warrant to compel their presence in court at the next adjourned date.

Reacting, the defence counsel drew the attention of the court to the explanations of the defendants about their medical issues and pleaded on their behalf on the matter as they have out of respect for the court had deemed it necessary to notify it.

He therefore, urged the court to discountenance the request for bench warrant on the defendants.

Ruling, Justice Onwuegbuzie of having listened to both counsels he has observed that the medical report did say the 1st would be unable to attend court while the 2nd defendant did not even produce any document at all.

Justice Onwuegbuzie said as a result of the foregoing and in line with 266(sub 2) of the Administration of Criminal Justice Act(ACJA), a bench warrant is issued against the defendants to compel their appearance at the next adjourned date of October 8, 2025.

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