Alleged N300m Illegal Eviction Case: Defendants Seek Out-of-Court Settlement as Court Adjourns Arraignment

Prosecution raises concerns over defendant’s conduct despite move for ADR

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By A1 News Desk | Abuja, Nigeria | April 29, 2026

Defendants in an alleged N300 million illegal eviction case have indicated their willingness to settle the matter out of court, nearly two years after the suit was instituted. The development emerged during proceedings at a Federal Capital Territory (FCT) High Court in Maitama, Abuja.

The defendants—Cecil Osakwe, Victor Giwa, and Edith Erhunmuuse—are facing a nine-count charge in suit number FCT/HC/CR/222/2023. The charges border on alleged criminal conduct, including the forceful eviction of occupants and destruction of property valued at approximately N300 million.

At the resumed hearing, counsel to the first defendant, Ahmed Raji (SAN), informed the court of ongoing efforts to resolve the dispute through an out-of-court settlement.

Raji told the court that discussions were already underway with opposing counsel to reach mutually agreeable terms, subject to final approval. He urged the court to defer the defendants’ arraignment to allow room for the settlement process to progress.

“We have been making efforts to resolve this matter in a way that addresses grievances and brings closure,” he said, noting that he had also engaged the prosecution counsel in discussions.

Prosecution Questions Commitment to ADR
Responding, prosecution counsel, Aderonke Imana, confirmed awareness of the settlement discussions but raised concerns about the conduct of the second defendant, Victor Giwa.

Imana told the court that Giwa’s recent actions—particularly the service of multiple legal processes—suggested a lack of commitment to Alternative Dispute Resolution (ADR).

She further urged the court to maintain the bench warrant earlier issued against the third defendant, Edith Erhunmuuse, who was absent from court proceedings.

Defence Counsel Issues Warning on Integrity
In a sharp intervention, Raji cautioned the second defendant against any actions that could undermine the integrity of the settlement process.

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“I will not compromise my integrity for any case. If there is any attempt at misconduct, I will be the first to oppose it,” he stated firmly in open court.

Giwa Apologises, Seeks Court’s Leniency
Giwa, who appeared in person, aligned himself with the position of the senior advocate and expressed readiness to abide by the settlement process.

He apologised for his previous absence, which led to the issuance of a bench warrant, and appealed to the court to vacate the order against him.

“I am ready to comply with the settlement process and undertake to be of good behaviour,” Giwa said.

Court Reviews Conduct, Rules on Bench Warrants
In her ruling, Justice Samira Bature expressed dissatisfaction with Giwa’s conduct, noting that previous leniency had been extended to him as a legal practitioner.

The judge recalled that earlier requests for a bench warrant had been declined in good faith, despite evidence suggesting Giwa had attended proceedings at another court on the same day he was absent.

“You are expected to conduct yourself in a manner befitting your profession,” Justice Bature admonished.

The court subsequently vacated the bench warrant against Giwa but upheld the warrant against the third defendant, who remains absent.

Justice Bature adjourned the matter until June 25, 2026, for arraignment, pending the outcome of settlement discussions. The case continues to test the balance between criminal prosecution and alternative dispute resolution in high-value property disputes.