A Federal Capital Territory High Court sitting in Maitama has refused an application to strike out the N300 million illegal eviction case involving property developer Cecil Osakwe, Lawyer Victor Giwa and Police Inspector Edith Erhunmuuse, insisting that the matter must proceed in the interest of justice.
At the resumed sitting, the court noted that the case, which had previously been adjourned to allow the third defendant to the opportunity to obtain legal representation, suffered yet another delay.
Although the third defendant, inspector Edith Erhunmuuse of the FCT command 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 before the court.
The prosecution also wrote to the court requesting an adjournment on the grounds that the counsel was on an official assignment outside the country – a development stalled the day’s proceedings.
The presiding judge, Justice Samira 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, Ayuba Kawu, and the second defendant, a lawyer Victor Giwa, who appeared for himself, both opposed the adjournment.
Kawu urged the court to strike out the charge for want of diligent prosecution and unseriousness.
Justice Bature held that although the case had suffered several adjournments at the instance of the defense, the prosecution should be given the benefit of the doubt. The court consequently overruled the objection to the adjournment and refused the defense’s request to strike out the charge.
The judge further directed that the pending applications by the defendants would be taken when the prosecution is present to respond, emphasising that “in the interest of justice, both parties must be given the opportunity to be heard.”
Justice Bature also ordered counsel to the third defendant to ensure that his client a police officer appears in court on the next adjourned date and the prosecution served with the notice.
The matter was adjourned to February 3, 2026, for arraignment.
The charges against the defendants include allegations of unlawful eviction of occupants and damage to property estimated at N300 million.