Police on Trail of Lawyer Over Ejection of Civil Servant from Apartment

The Federal Criminal Investigations Department, FCID, is currently on the trail of Abuja-based lawyer and property developer, Cecil Osakwe, for allegedly using non-court bailiffs and police to forcefully eject a civil servant, Ms Asabe Waziri from an apartment he allegedly sold to her at Abeh Signature Apartments located at Maitama, Abuja.

The police are also investigating a case of obtaining by false pretence, the sum of N130 million from a lady, Ms Waziri, who paid the sum to purchase a two-bedroom flat at Abeh Signature Apartment in Maitama, Abuja.

Already, the FCID has transferred the case file to the Office of the Attorney-General of the Federation and Minister of Justice for legal advice on the charges to prefer in the matter.

The fresh investigation is based on the revelation from the High Court of FCT showing that the FCT High Court did not authorise the levying of any execution on the property of Ms Waziri, a civil servant, who was forcefully and illegally ejected from her home via a fake execution of judgment order from the FCT High Court.

On June 14, 2022, the state had filed a two-count charge against Osakwe over allegations of N130 million fraud, which he was said to have committed against Ms Waziri.

In a new twist to the case, the FCT High Court, in a letter by its Director of Enforcement, Mr. Chukwuemeka Ubani, said: “The High Court of FCT, Abuja did not authorise the levying of any execution in respect of the above-named parties on March 18, 2022,” referring to the case of Asabe Waziri Vs Abeh Signature Ltd., which was already subject of the appeal.

Ubani, explaining the process of enforcement of execution, said: “Enforcement is centrally done by the Office of the Chief Registrar, through the Office of the Director of Enforcement. This court cannot levy execution without taking the original file, which includes the original copies of the warrant of possession and/or writ of attachment as the case may be, to the venue for sighting by the judgment debtor.”

He equally stated that the court does not levy execution on the strength of a mere letter to the police requesting for police assistance.

“We must first get approval in writing from the police to release their men before we go for execution,” he stated.

Osakwe in a fundamental rights enforcement application before Justice Mohammed Idris of Jabi Division, FCT High Court, had asked the court to stop security agencies from arresting or investigating him.

In the suit, the applicant asked the court to declare that his invitation and arrest by the defendants were unlawful and unconstitutional as they constitute an infringement on his personal liberty, and right to own property as enshrined in the 1999 constitution.

He, therefore, asked for damages of N150 million from the defendants for the breach of his rights.

Countering the plaintiff’s argument, the DSS lawyer raised an issue for determination: “Whether the applicant can shield himself through the fundamental rights enforcement procedure from an investigation by security and law enforcement agencies, of alleged infraction of the law.”

However, the trial judge struck out the case because there was no way the court could restrain the police from carrying out their constitutional duty of criminal investigation.