Justice Jude Onwuegbuzie of the Federal High Court, Apo, Abuja, on Monday ordered that a lawyer, Victor Giwa, be remanded in police custody.
Giwa was arrested in Lagos following a bench warrant issued by the court. He is facing charges of alleged forgery and impersonation alongside a co-defendant, Ibitade Bukola.
On September 15, Justice Onwuegbuzie had issued a bench warrant for the arrest of Giwa and Bukola after they failed to appear in court for their scheduled arraignment on the charges.
At the resumed sitting, the prosecutor, Theophilus Silas, presented Giwa before the court in compliance with the bench warrant.
Silas told the court that the police were still on the trail of the second defendant and hoped to apprehend her before the next adjourned date. He, therefore, urged the court to remand Giwa in police custody in line with the provisions of Sections 293 and 43(4) of the Administration of Criminal Justice Act (ACJA).
Responding, Giwa, who was not represented by a lawyer, told the court that he would be representing himself because his counsel was unavailable.
Giwa objected to the prosecution’s application, insisting that Section 293 of the ACJA cited by the prosecution did not apply to his case. He also argued that the proceedings of the day related only to the bench warrant issued under Section 43(4) of the ACJA.
According to him, Section 45 stipulated that when an arrest was effected outside the state or the jurisdiction of the court, the defendant was expected to be presented before the court for a report and not to be remanded.
He added: “I am a minister in the temple of justice and would not undermine the court. I am not feeling fine and have been advised to avoid stroke. In compliance with Section 43(4) and Section 46, the principal concern for this court is that the arrested person is to stand trial before the court. I am passionately appealing that I should be granted bail. At the last sitting, I did send a letter to this court. My absence is not to undermine this court. Due to my health condition, I should be released on bail because I wish to get well on time to be strong enough for trial.”
The judge then asked the prosecution why it was not prepared to arraign the defendant that day, stressing that the prosecution had no powers to keep the defendant indefinitely. He added that the letter from the prosecution requested an abridged date for arraignment and that the court had other cases to attend to.
The prosecution, however, submitted that they would be guided by the court but urged that Giwa be remanded in police custody because he might be a flight risk, as he was arrested in Lagos State.
Responding, Giwa argued that he had just seen the letter regarding the abridged date and described it as an “ambush” by the prosecution.
He insisted that he was ready for arraignment but noted that the second defendant had not been brought to court, making arraignment impossible since the charges were joint.
In his ruling, Justice Onwuegbuzie held that Giwa, being a counsel, ought to know that he should file a bail application rather than making an oral request. He ordered that, in the absence of a written bail application, the defendant be remanded in police custody and adjourned the case to October 8 for arraignment.
