A Federal Capital Territory (FCT) High Court sitting in Maitama has refused an application to strike out the N300 million illegal eviction suit involving property developer, Cecil Osakwe, and two others, insisting that the matter must proceed in the interest of justice.

At the resumed sitting, the court observed that the case, which had earlier been adjourned to allow the third defendant to secure legal representation, suffered yet another delay.

Although the third defendant, Inspector Edith Erhunmuuse, was now represented by counsel, C. C. Onyechere, her absence in court was said to be due to ill health, a claim not supported by any medical evidence.

The prosecution also sought an adjournment, explaining that its counsel was away on an official assignment outside the country, which stalled the day’s proceedings.

Trial judge, Justice Samira Bature, reminded parties that the court had previously warned 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, citing lack of diligent prosecution.

However, 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. The court therefore overruled the objection and declined the request to strike out the charge.

She further directed that pending applications by the defendants would be heard when the prosecution is present to respond, stressing that “in the interest of justice, both parties must be given the opportunity to be heard.”

The judge also ordered counsel to the third defendant to ensure that his client appears in court on the next adjourned date and that the prosecution is duly served with notice.

The case was adjourned to February 3, 2026, for arraignment.

The defendants, Cecil Osakwe, Victor Giwa and Inspector Edith Erhunmuuse, are standing trial on a nine-count charge bordering on unlawful eviction and damage to property valued at N300 million. The complainant in the case is the Federal Republic of Nigeria.