Federal Capital Territory (FCT), high court sitting in Maitama, Abuja has refused an application to strike out the N300 million illegal eviction case involving a property developer Cecil Osakwe and others.
The presiding Judge, Justice Samira Bature insisted that the matter must proceed in the interest of justice.
Defendants in the charge marked, FCT/HS/CR/222/2023 are Cecil Osakwe, Victor Giwa and Edith Erhunmuuse.
The charges against the defendants included allegations of criminal conduct involving the forceful eviction of occupants and damage to property estimated at N300 million
At the resumed sitting on Tuesday, the court noted that the case, which had previously been adjourned to allow the third defendant to obtain legal representation, suffered yet another delay.
Although the third defendant was now represented by counsel, Mr C. C. Onyechere , her absence was attributed to ill health, a claim for which no medical evidence was presented.
The prosecution also wrote to the court requesting an adjournment on the grounds that the counsel handling the matter was on an official assignment outside the country.
This development stalled the day’s proceedings.
Justice Bature, however, reminded all parties that at the previous sitting, the court had warned that it would no longer entertain excuses delaying the arraignment.
Counsel to the first defendant, Mr Ayuba Kawu and the second defendant, Mr Victor Giwa, who appeared for himself, both opposed the adjournment.
Kawu told the court that his client (Osakwe) travelled to the United States to attend another court matter.
When asked by the court to provide the evidence of the trip, he could not.
Kawu, however, urged the court to strike out the charge for want of diligent prosecution and lack of seriousness.
Justice Bature held that although the case had suffered several adjournments at the instance of the defence, the prosecution should be given the benefit of the doubt.
Bature subsequently, overruled the objection to the adjournment and refused the defence’s request to strike out the charge.
The judge further directed that the pending applications on jurisdiction by the defendants would be taken when the prosecution is present to respond.
Justice Bature emphasised that “in the interest of justice, both parties must be given the opportunity to be heard.”
Bature also ordered counsel to the third defendant to ensure that his client appears in court on the next adjourned date and the prosecution served with the notice.
The matter was adjourned to Feb. 3, 2025, for arraignment.
