A Federal Capital Territory High Court has ordered the arrest of the FCTA Director, Department of Investigation & Prosecution, Mr. Joseph Eriki, Esq., and other defendants over a criminal charge bordering on the alleged fraudulent allocation of plots in the nation’s capital.
Justice Suleiman Belgore of the FCT High Court, Garki, Abuja, issued the bench warrant on Tuesday following an oral application by Assistant Director at the Office of the Attorney General of the Federation, David Kaswe.
The suspects are charged with a nine-count amended charge of criminal conspiracy, criminal trespass, and forgery.
AGF’s Case
The defendants—Boniface Agwu, Ikechukwu Kanu, Joseph Eriki, Super Structure Ltd, Bonatec Electrical Company Ltd, Weatherfield Engineering and Marine Service Limited, Asher Information Services Ltd, and Prince Isaac Omoluwa—are accused of conspiring among themselves to defraud Etha Ventures Ltd. of plots 461-470 and 486-496.
The AGF maintained that the development contravenes Section 96 of the Penal Code Law 2009 and is punishable under Section 97 of the same law.
“That you, Boniface Agwu, Ikechukwu Kanu, Super Structure Ltd, Bonatec Electrical Company Ltd, Weatherfield Engineering and Marine Service Limited, Asher Information Services Ltd, and Prince Isaac Omoluwa, male, adult, and companies registered under the Companies and Allied Matters Act, sometime between 2017 and 2019, in plots 461-470 and 486-496 Sabon Lugbe East Layout, Abuja, within the jurisdiction of this Honourable Court, unlawfully entered upon plots 461-470 and 486-496 belonging to Etha Ventures and put up structures with intent to defraud Etha Ventures Ltd., thereby obtaining advantages for yourselves. You thereby committed an offence of criminal trespass contrary to Section 342 of the Penal Code Act 2004 and punishable under the same section of the Act”, part of the charge reads.
The AGF submitted that the defendants unlawfully entered upon plots 461-470 and 486-496 belonging to Etha Ventures and put up structures with the intent to defraud Etha Ventures Ltd.
“To actualize their intent, the suspects fraudulently secured a consent judgment in suit No FCT/HC/CV/240/2019, giving title of Plot 1406 (461-470 and 486-496) Sabon Lugbe East Layout, Abuja, to Super Structure Ltd”, the prosecution added.
The prosecution also accused the defendants of forging documents to defraud Etha Ventures of the said plots, while Eriki allegedly used his official capacity to aid and abet the other suspects.
What Transpired in Court
- At the court session on Tuesday, Kaswe said that while the day was fixed for arraignment, the prosecution had not been able to produce the defendants in court.
“We have called them and I’ve also informed their lawyers, including those who stood in for them as sureties at the police station, to produce them for arraignment this morning,” he said, adding that all efforts proved abortive.
- He subsequently urged the court to issue an arrest warrant against the defendants in line with relevant laws under the Administration of Criminal Justice Act.
“In the circumstances, in the spirit of the Administration of Criminal Justice Act that contemplates speedy trial, I apply under Section 124 of the ACJA to issue a bench warrant against the defendants as the last resort to compel their attendance before this court,” Kaswe said.
- Responding, Justice Belgore said that, having listened to the oral application of the prosecution, and noting that the defendants were granted police bail after investigation, a bench warrant is approved.
“In light of the above and the pendency of this charge, a bench warrant is hereby issued against all the defendants for purposes of arraignment before this court,” the judge said.
- The case was then adjourned to June 4, 2025, for arraignment.
