Justice Abiodun Adebara of the Kwara state high Court, Ilorin has struck out the case brought by Asa Investment limited against the Kwara state government over the acquisition and demolition of Ile Arugbo for lack of diligent prosecution.
The court also asked the defence to come for its proof of counterclaim on the 17th of March.
The case has been on for over a year following the move by the Kwara state government to reclaim plots 3-5 Iloffa road, GRA, Ilorin popular called Ile Arugbo.
Ile Arugbo is the Saraki political meeting point where his supporters and old woman gather.
On the 1st of January, 2020 the state government demolished the structures on the plots of land claiming that the land belongs to the state government.
Asa investment limited, the company of the late Olusola Saraki approached the court on the matter.
At the resumed hearing on Tuesday, counsel to Asa investment limited, Mr Abdulazeez Ibrahim brought an application seeking to substitute the name of the second claimant, Mr Sanusi Babaeleku, who is now late, with one Abubakar Oluwatoyin.
He also asked for an adjournment in order for him to prepare his witnesses but this was opposed by the defence and equally declined by the trial judge, Justice Abiodun Adebara.
Relying on order 39, rule 4, counsel to the state government, Mr Salman Jawondo asked the court to strike out the case, since, according to him, the prosecution was not ready for the case.
Justice Adebara agreed that the prosecution was not ready for the case and struck out the case on the strength of order 39, rule 20.