Wrong citation of law by a police prosecutor forced a Federal Capital Territory, FCT, High Court to adjourn the trial of a human rights lawyer, Barrister Victor Giwa, on Wednesday.
The court presided by Justice Jude Onwuegbuzie adjourned the case to January 12, 2026.
The police prosecutor had while urging the court to go ahead and hear the case, despite a letter from Giwa’s lawyer saying he was indisposed and could not attend the hearing, cited a Civil Procedure rule in a criminal matter.
Barrister Giwa’s lawyer, Ibrahim Idris, SAN, had written to the court praying for an adjournment on the ground of ill-health.
During Wednesday’s proceedings, counsel to the 2nd defendant (Bukola Ibitade), Ogbu Aboje, told the court that Giwa’s counsel had written the court to seek an adjournment on 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 Order 11, Rule 2 (2) of the FCT Civil Procedure Rules 2025 and Rules 29, (2) of Rules of Professional Conduct for Legal Practioners 2023.
The citations only apply in a civil suit and not a criminal case, like the one 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 Practitioners 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.
Following the mix-up in citations, the judge reached for his diary to fix a date for further hearing in the matter.
Before the case was adjourned to January 12, 2026, the court called on Giwa to move his motion for recusal but the defendant refused and insisted that he has a right to a counsel of his choice.
Giwa 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 charged Giwa and Ibitade for allegedly forging the letterhead paper of a Senior Advocate of Nigeria, SAN, Chief Awa Kalu.
But Awa Kalu, in a letter to the Inspector General of Police, Mr Kayode Egbetokun, formally distanced himself from the allegation of forgery and impersonation against Giwa.
However, despite the letter, the police went ahead to press charges against Giwa.
Kalu, in the letter dated May 30, 2025, 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.
He equally clarified that he neither filed a complaint nor reported 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, the lawyer asked the judge to recuse himself from the matter on the ground of alleged bias, saying he has no chance of getting justice before the court.
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