A judge of the Federal Capital Territory High Court, Apo, Abuja, Justice Jude Onwuegbuzie, on Monday sternly warned an Abuja-based lawyer, Victor Giwa, standing trial over alleged forgery and impersonation, against seeking any private meeting with him outside open court.
The warning followed a tense courtroom exchange that stalled proceedings in the ongoing trial of Giwa and his co-defendant, Ibitade Bukola, over allegations of forging official documents and impersonating a Senior Advocate of Nigeria, Awa Kalu, with the aim of misleading the Office of the Attorney-General of the Federation into withdrawing an earlier criminal charge against Giwa.
The case, slated for hearing on January 12, 2026, could not proceed due to the absence of Giwa’s lead counsel, Ibrahim Idris (SAN), who was said to be recuperating from prostate surgery.
While Giwa appeared in person, the second defendant was represented by his counsel, Ogbu Aboje.
Prosecuting counsel, T. Y. Silas, appeared for the Inspector-General of Police, while Levi E. Nwoye held a watching brief for the complainant.
However, proceedings took a dramatic turn when Justice Onwuegbuzie raised concerns over an alleged attempt by Giwa to arrange a private meeting with the judge in chambers before the case was called.
The judge queried the propriety of such a move, especially while the matter was still pending before the court.
Responding, Giwa told the court that he had suggested a meeting involving the prosecution, counsel to the second defendant and the court registrar, describing it as a matter of professional courtesy and ethical engagement.
Under further questioning, he admitted that it would be improper for a defendant to seek a private audience with a trial judge.
The prosecuting counsel corroborated the judge’s concern, confirming that Giwa had earlier approached him regarding the proposed meeting but declined after the defendant failed to disclose its purpose.
Silas described the move as unethical, stressing that it was inappropriate for a defendant to seek a private meeting with a judge ahead of proceedings in a criminal trial.
Visibly displeased, Justice Onwuegbuzie described the incident as “shocking” and warned that the court would not tolerate any attempt by parties to approach a judge in chambers over matters already before the court.
On the issue of adjournment, the prosecution opposed further delay, noting that the hearing date had been fixed at the instance of the first defendant.
Silas cited a December 10, 2025 letter in which Giwa’s counsel requested January hearing dates and relied on Section 396(4) of the Administration of Criminal Justice Act, 2015, which limits the number of adjournments after arraignment.
He further urged the court to award costs against Giwa under Section 396(6) of the ACJA for allegedly wasting judicial time, arguing that the absence of defence counsel was unjustified, particularly as a Senior Advocate was expected to have junior counsel available to hold brief.
Giwa, however, rejected the request, invoking Section 36(c) of the 1999 Constitution (as amended), which guarantees the right of an accused person to counsel of his choice.
He described the prosecution’s application for costs as “mischievous” and insisted that he had not personally benefited from previous adjournments.
Counsel to the second defendant aligned with Giwa’s submissions and also urged the court to grant an adjournment.
In a brief oral ruling, Justice Onwuegbuzie expressed dissatisfaction with the conduct of the defence, noting that the explanations offered for counsel’s absence were unsatisfactory.
He observed that the lead counsel to the first defendant ought to have junior counsel to represent his client in his absence.
Although the court found no compelling reason to adjourn the matter, Justice Onwuegbuzie said it would “bend backwards” in the interest of justice and granted a final adjournment, noting that the first defendant had previously appeared with a Senior Advocate and a team of lawyers but was unrepresented on the day.
The case was adjourned to January 21, 2026, for continuation of hearing.
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