The Federal Capital Territory High Court sitting in Maitama, Abuja, 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 ₦300m.
Justice Samira Bature adjourned the matter on Tuesday, after proceedings could not go on due to her absence occasioned by ill health.
Osakwe is to be arraigned alongside Mr Victor Giwa and Ms Edith Erhunmuuse in a charge marked FCT/HS/CR/222/2023.
The defendants are accused of criminal conduct bordering on the forceful eviction of occupants and the destruction of property estimated at ₦300m.
The court was told that the case had earlier suffered delays, including an adjournment to allow the third defendant secure legal representation.
Although the third defendant is now represented by counsel, Mr C. C. Onyechere, she was absent from court, with her counsel attributing her absence to ill health. No medical evidence was, however, presented to substantiate the claim.
The prosecution also informed the court that at a previous sitting, proceedings were stalled after the counsel handling the matter was said to be on official assignment outside the country.
Justice Bature recalled that the court had warned against delays capable of frustrating the arraignment of the defendants.
Counsel to the first defendant, Mr Ayuba Kawu, and the second defendant, Mr Giwa, who appeared for himself, opposed the prosecution’s application for adjournment. Kawu told the court that his client had travelled from the United States specifically to attend the hearing.
However, when asked to provide evidence of the trip, none was produced.
Kawu urged the court to strike out the charge for want of diligent prosecution, describing the prosecution as unserious.
In her ruling, Justice Bature held that although the matter had suffered several adjournments, largely at the instance of the defence, the prosecution deserved the benefit of the doubt. She overruled the objection and refused the application to strike out the charge.
The judge further directed that all pending applications challenging the court’s jurisdiction would be taken when the prosecution is present to respond.
Emphasising the need for fairness, Justice Bature stated that “in the interest of justice, both parties must be given the opportunity to be heard.”
She also ordered counsel to the third defendant to ensure his client’s appearance in court on the next adjourned date and that the prosecution is duly served with the necessary notice.
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