The Wig and the Law
Justice Jude Onwuegbuzie of the Federal High Court, Federal Capital Territory, Apo, Abuja on Monday remanded a Lawyer, Victor Giwa, in police custody.
He was arrested in Lagos following a bench warrant issued by the court.
Giwa is facing charges of alleged forgery and impersonation alongside a co-defendant, Ibitade Bukola.
Onwuegbuzie had on, Sept. 15 issued a bench warrant for the arrest of Giwa and Bukola after they failed to appear in court for their scheduled arraignment on charges of forgery and impersonation.
At the resumed sitting, the Prosecutor, Theophilus Silas presented Giwa before the court on Monday following the bench warrant served on them.
Silas told the court that the police were still on the trail of the 2nd defendant and hope 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 Section 293 and Section 43(subsection 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 application of the prosecution, saying Section 293 of the ACJA cited by the prosecution does not apply to the case.
He also argued that the proceedings of the day had to do with the bench warrant issued under Section 43, ( 4) of the ACJA.
He said that Section 45 stipulated that when an arrest was effected outside the state or the jurisdiction of the court he (defendant) was expected to be presented before the court for report and not to be remanded.
Giwa argued that he was 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, sub 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 baiI because I wish to get well on time to be strong enough for trial,” Giwa prayed.
The judge asked the prosecution why it was not prepared to arraign the defendant today because the prosecution had no powers to keep the defendant indefinitely .
He added that the letter from the prosecution was asking for an abridged date for arraignment and that the court had other cases to attend to.
The Prosecution submitted that they would be guided by the court but Giwa should be remanded in police custody because he might be a flight risk as he was arrested in Lagos State.
Responding, Giwa pointed out that he had just seen the letter regarding abridged date and described it as an “ambush” by the prosecution.
Giwa insisted that he was ready for arraignment but the 2nd defendant had not been brought to court so the arraignment would be at another date because it was a joint offence they were being charged with.
Ruling, Justice Onwuegbuzie said the Giwa after his arrest being a counsel ought to know that he should file a bail application and not an oral request.
He said in the absence of a written bail application, the defendant should be remanded with the police and adjourned until to Oct.8 for arraignment. (NAN)
