The Federal Capital Territory (FCT) High Court sitting in Maitama has fixed March 3 for the arraignment of a property developer, Mr. Cecil Osakwe, and two others over an alleged illegal eviction involving properties valued at about ₦300 million.
Justice Samira Bature adjourned the case to the new date on Tuesday after proceedings could not continue due to her absence at the last sitting, which was attributed to ill-health.
The defendants in the suit, marked FCT/HS/CR/222/2023, are Mr. Osakwe, Mr. Victor Giwa, and Ms. Edith Erhunmuuse.
They are accused of forcefully evicting occupants from a property and destroying items estimated to be worth N300 million.
At the previous hearing, the court noted that the case had suffered several delays.
One of the adjournments was granted to allow the third defendant secure legal representation.
Although she is now represented by a counsel, her absence from court was explained as being due to ill-health.
However, no medical report was presented to support the claim.
The prosecution had earlier requested an adjournment, informing the court that the lawyer handling the matter was on official duty outside the country, a situation that also stalled earlier proceedings.
Justice Bature recalled that the court had earlier warned that it would not allow unnecessary delays that could frustrate the arraignment of the defendants.
Counsel to the first defendant, Mr. Ayuba Kawu, and the second defendant, Mr. Victor Giwa, who appeared for himself, opposed the prosecution’s request.
Kawu told the court that his client travelled from the United States specifically to attend the hearing.
However, when asked to provide proof of the trip, none was presented.
Kawu later urged the court to strike out the case for lack of diligent prosecution, describing the handling of the matter as unserious.
In her ruling, Justice Bature refused the request, stating that although the case had experienced several adjournments, most of them were at the instance of the defence.
She ruled that the prosecution deserved
the benefit of the doubt and overruled the objection.
The judge added that all pending applications challenging the court’s jurisdiction would be heard when the prosecution is present to respond.
Justice Bature said, “In the interest of justice, both parties must be given the opportunity to be heard.”
She further directed counsel to the third defendant to ensure his client appears in court on the next adjourned date and that the prosecution is properly served ahead of the March 3 hearing.
Court fixes March 3 for alleged N300m eviction case involving property developer
