The arraignment of a property developer, Cecil Osakwe, and two others before an High Court, Abuja Division, was again stalled on Tuesday.

The defendants, in the charge marked FCT/HS/CR/222/2023, are Mr Osakwe, Victor Giwa and Edith Erhunmuuse.

They are facing allegations bordering on criminal conduct, including the alleged forceful eviction of occupants and destruction of property valued at about N300 million.

The matter, which is before Justice Samira Bature, was adjourned until February 3 but could not proceed due to the judge’s ill health.

The first defendant, however, was present in court for the hearing of the case, which was instituted in 2023.

The court subsequently adjourned the matter until March 3.

At the last sitting, the court had noted that the case, earlier adjourned to enable the third defendant to secure legal representation, suffered another delay.

Although the third defendant was subsequently represented by counsel, C. C. Onyechere, her absence from court was attributed to ill health, without any medical report presented to substantiate the claim.

The prosecution had also, at an earlier sitting, sought an adjournment on the grounds that the counsel handling the matter was on official assignment outside the country, which equally stalled proceedings.

Ms Bature recalled that the court had previously warned that it would no longer tolerate delays capable of frustrating the arraignment of the defendants.

Counsel to the first defendant, Ayuba Kawu, and the second defendant, Mr Giwa, who appeared in person, opposed the prosecution’s application for adjournment.

Mr Kawu told the court that his client travelled from the United States to attend the hearing but failed to provide evidence of the trip when requested.

He subsequently urged the court to strike out the charge for want of diligent prosecution, describing the prosecution as unserious.

In her ruling, Ms Bature held that though the case had suffered several adjournments, mostly at the instance of the defence, the prosecution deserved the benefit of the doubt.

She overruled the objection and dismissed the application seeking to strike out the charge.

The judge also directed that pending applications challenging the court’s jurisdiction would be taken when the prosecution was present to respond.

Ms Bature emphasised that, in the interest of justice, both parties must be given the opportunity to be heard.

She further ordered counsel to the third defendant to ensure her appearance in court on the next adjourned date.

The judge added that the defendants must ensure that the prosecution was duly served with necessary notices.

 (NAN)