The claimant had sued the state government and its relevant agencies.
The Kwara State High Court in Ilorin has struck out the suit challenging the demolition of Ile Arugbo and the acquisition of the disputed land from the family of Nigerian former Senate President, Bukola Saraki.
According to the Nation newspaper, the judge, Abiodun Adewara, on Tuesday, struck out the suit on the grounds of lack of diligent prosecution by the claimant, Asa Investment Limited, acting for the Sarakis.
The claimant had sued the state government and its relevant agencies.
The claimant’s lawyer, AbdulAzeez Ibrahim, had earlier on Tuesday, told the court that he had filed an application to substitute the late second claimant, Baba Eleku, with one Abubakar Oluwatoyin.
Ibrahim also sought an adjournment of the case to enable him to file the statement on oath of the newly proposed second defendant.
He added that he was unable to continue the hearing due to the absence of the claimants’ lead counsel, Akin Onigbinde, whom he said was bereaved.
In his response, defence lawyer, Salman Jawondo, opposed the application for adjournment.
Jawondo said the claimants’ conduct showed they “are not interested in expeditious prosecution of the case.”
The judge rejected the application for adjournment and asked the claimants’ lawyer to call their first witness.
When the claimants’ counsel could not call his witness, the defence lawyer urged the court to strike out the case and adjourn for the hearing of the state government’s counter-claim.
The judge in a ruling held that “the claimants are not prosecuting the case diligently.”
He struck out the suit and adjourned till to March 17 for the hearing of the defendants’ counter-claim.
Ibrahim told journalists after the proceedings, “That is not the end of the case. We have options of either to appeal against the judgment or to come back again for relisting of the matter.”
The Saraki family was using Ile Arugbo to host their political followers until the state government took over the land in January 2020.
The government alleged that the land was illegally acquired.
It stated that it sought to take over the land for the building of another state secretariat.
