A human rights lawyer, Barrister Victor Giwa, has asked a High Court of the Federal Capital Territory to decline jurisdiction in the alleged forgery case brought against him and one other, Bukola Ibitade, by the Nigeria Police.
In the motion challenging the jurisdiction of the court, Giwa said the court has no power to try him.
During the proceedings on Wednesday, counsel to Giwa, Mr Farooq Akanbi, from the chamber of Dr. Ahmed Raji, SAN, told the court about a pending application challenging the jurisdiction of the court.
Akanbi said the application borders on jurisdiction which touches on the soul of the case.
“The 1st defendant has an application seeking to relist the motion on notice earlier struck out by the court.
“The applications have been served on all the parties. The prosecution served us a counter-affidavit this morning. This motion should be taken before other pending applications,” Akanbi said.
However, police prosecutor, Theophilous Silas, said he filed a counter-affidavit and served the defendant adding that no copy of the application has been served on the court.
“We filed a counter affidavit and served but the court’s copy is not yet in the court’s file. The motion is not ripe for hearing and the court’s copy, although, served on the court, the registrar of the court said it will be put in the file after today’s proceedings.
“Furthermore, the 1st defendant hasn’t supplied a single basis, authority or facts that will suggest that the motion will take precedent over the prosecution’s motion. We urge the court to hold that the prosecution should move his motion,” the prosecutor said.
Ogbu Aboje, counsel to Ibitade, confirmed receipt of the motion from the 1st defendant, adding that he was also served with the counter-affidavit on Wednesday morning.
Aboje told the court that the motion should be taken first because it challenges the jurisdiction of the court.
He argued that issues have been joined in the application and urged the court to consider the application first so that the records of the proceedings of the court will be straight.
In a short ruling, Justice Jude Onwuegbuzie adjourned the case till February 12, 2026, for all the pending applications to be taken.
The police is prosecuting Giwa and his co-accused, Bukola Ibitade, for allegedly forging the 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. Egebtokun, denied the forgery of his letterhead paper, adding that he never made such a complaint.
Despite the letter in which Awa Kalu distanced himself from the allegation of forgery and impersonation against Giwa and his co-accused, Bukola Ibitade, the police went ahead to press charges.
Kalu, in the letter dated May 30, 2025, and addressed to the Inspector General of Police, clarified that he neither filed a complaint nor reported Giwa for allegedly forging his firm’s letterhead.
Police harassment: Human rights lawyer urges court to decline jurisdiction
