Wrong citation of law by police lawyer, F. G. Gabriel, at a High Court of Justice of the Federal Capital Territory forced Justice Jude Onwuegbuzie of the court to adjourned the trial of a lawyer, Barrister Victor Giwa and ikola Ibitade, to January 12, 2026.
Gabriel, the prosecutor in the case, while trying to convince the court in his submission why the court should go ahead and hear the case, despite a letter from Giwa’s lawyer saying he was indisposed abd could not make it to the court, cited civil procedure rule in a criminal matter.
Barrister Giwa’s lawyer, Mr Ibrahim Idris, Senior Advocate of Nigeria, SAN, had written to the court, praying for an adjournment on the ground of ill-health.
During the proceedings Wednesday, Counsel to the 2nd defendant (Ibitade) in the matter, Ogbu Aboje, told the court that Giwa’s Counsel had written the court to seek an adjournment on the account of ill-health.
But the prosecutor, who also confirmed being served with a copy of the letter told the court to dicountenance the letter and proceed with the trial of the defendants.
In the process of making his submission, he cited civil procedure rules in a criminal matter.
He cited Order 11, Rule 2 (2) of the FCT Civil Procedure Rules 2025 and Rules 29, (2) of Rules of Professional Conduct for Legal Professioners 2023.
The citations only apply in a civil suit and not a criminal case before the court.
Order 11 Rule 2 provides: that where a a Defendant appears by a legal practitioner, the legal practitioner shall state in the memorandum of appearance his place of business, an address for service within FCT, his telephone (s) and email address and where any such legal practitioner is only the agent of another legal practitioner, he shall also state the name and place of business of the principal legal practitioner.
Rules 29, (2) of Rules of Professional Conduct for Legal Professioners 2023 also provides: that where in litigation, a client changes his lawyer, both the old lawyer and new lawyer shall give notice of the change to the court.
The citations by the prosecutor got the judge confused who said he had stopped writing and reached out for his diary to fix a date for further hearing in the matter.
Before the case was adjourned to January 12, 2026, the court had called on Giwa to move his motion for recusal but Giwa refused and insisted that he has a right to a Counsel of his choice.
He told the court that his right to a Counsel of his choice is a Constitutional right which cannot be taken away from him.
The police had accused Giwa of forging letterhead paper of a Senior Advocate of Nigeria, Chief Awa Kalu.
But Awa Kalu, in a letter to the Inspector General of Police, Mr Kayode. Egebtolun, put a lie to the allegation of the police against Ibitade and Giwa.
Despite the letter of Prof. Awa Kalu to the Inspector-General of Police, formally distancing himself from the allegation of forgery and impersonation against Giwa and Ibitade, the police have gone ahead to press charge against Giwa.
Chief Kalu, in a letter to the Inspector-General of Police, Mr Kayode Egbetokun, had said his letterhead was never forged and that he had not at anytime lodged any complaint to the police about forgery of his document.
Professor Kalu, in a letter dated May 30, 2025, addressed to the Inspector General of Police, clarified that he neither filed a complaint nor reported Mr. Giwa for allegedly forging his firm’s letterhead.
Giwa had filed an application urging the judge to recuse himself from the matter.
In the application, Barrister Giwa asked the judge to recuse himself from the matter on the ground of bias and partisanship.
He said that he has no chance of getting justice before the court.
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