N300m eviction case: Defendants seek out-of-court settlement after two years

Efforts to resolve a protracted N300 million illegal eviction and property damage case out of court emerged on Wednesday as property developer, Cecil Osakwe, and Abuja-based lawyer, Victor Giwa, urged the court to allow parties conclude settlement talks.

At the resumed hearing, counsel to the first defendant, Ahmed Raji, SAN, informed the court that negotiations were already at an advanced stage and appealed for the defendants’ arraignment to be deferred pending the outcome of discussions.

Raji told the court that parties had been engaging in talks aimed at easing the grievances of the nominal complainant and bringing the matter to a close.

“We have been trying to resolve the matter in a way to assuage the pain of the nominal complainant and ensure that this matter is brought to closure. We are still discussing and have yet to agree on the final terms,” he said.

The senior advocate added that substantial progress had been made in the negotiations and assured the court of his commitment to ensuring compliance with any agreement reached, he added if the defendants did not behalf well, he would pull out.

He further appealed to the court to allow the alternative dispute resolution process to continue, stressing that the dispute centered largely on issues relating to possession of the property and how to assuage the victim.

Responding, prosecuting counsel, Aderonke Imana, acknowledged the efforts toward settlement but expressed doubts about the sincerity of the defendants, noting that three separate motions had recently been filed by victor Giwa (2nd defendant).

According to her, the filings suggested that the 2nd defendant was simultaneously pursuing litigation while claiming to be interested in an amicable resolution.

“The processes filed do not appear like actions from parties genuinely committed to out-of-court settlement,” she argued.

Victor Giwa, 2nd defendant who represented himself in the matter, aligned with the position of the senior advocate and confirmed that several meetings had already been held among the parties.

He also appealed to the court to vacate the bench warrant earlier issued against him, promising to abide by the decisions reached through the intervention of the senior lawyer.

However, Imana opposed the application, insisting that the bench warrant should remain in force until the settlement process was concluded.

She further urged the court to sustain the bench warrant issued against a police inspector, Edith Erhunmwunse, over her failure to appear before the court.

In her ruling, the trial judge, Justices Samira Bature recalled that an earlier application for a bench warrant against Giwa had previously been declined even though it was established that he was appearing before another court on the said date.

The court subsequently vacated the bench warrant against Giwa but cautioned him to conduct himself properly as a legal practitioner.

The judge stated that the court decided to “bend backwards” largely because of the credibility and assurances of the senior advocate involved in the settlement efforts.

The court, however, ruled that the bench warrant against the police officer would subsist.

The matter was adjourned until June 25 for further proceedings.

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