?Orders trial in absentia of 19th defendant

A High Court of the Federal Capital Territory (FCT), sitting at Maitama, Abuja, on Wednesday, threatened to revoke the bail of 20 former leaders of the Petroleum Tanker Drivers (PTD) branch of the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG).

Justice Yusuf Halilu who frowned at the slow progress the case has made since 2023 when the defendants were arraigned on a five-count charge bordering on attempted murder, breach of peace and assault in the charge, marked FCT/HC/CR/042/2023, warned he may have no choice to revoke the defendants? bail, so that their lawyers would give the matter the seriousness it deserves.

The defendants which include a one-time PTD National Chairman, Lucky Osesua, were alleged to have attacked NUPENG National President, Mr. Williams Akporeha; the Union?s Secretary-General, OlawaleAfolabi and the new PTD National Chairman, Augustine Egbon, thus acting in a manner likely to cause their death, among other offences.

The other defendants are; DayyabuGarga; Humble Obinna; AkinoluOlabisi; Godwin Nwaka; TiamiuSikiru; AbdulmiminShaibu and John Amajuoyi.

Others include; ZairaAregbo; Patrick Erhivwor; Stephen Ogheneruemu; Gift Ukponku and Sunday Ezeocha and seven others.

They however pleaded not guilty to the charges and have since been admitted to bail to enable them adequately defend themselves in the charge.

When the matter was called, prosecution counsel, David Kaswe informed the court that the matter was slated for continuation of the evidence of the second witness.

However, a lawyer in the defense team, AbubakarSani, made an application for a stand down of the case for an hour to enable the senior lawyer, Chief Christopher Oshiomegie, SAN, handle the defense.

Reacting, Justice Halilu who expressed disappointment over the request, noted he had scheduled only the matter for the day, in order to cover lost grounds, adding that since last October when the second prosecution witness started his evidence the matter was stalled on three different hearings.

The visibly angry judge, warned he would return the defendants to prison from where they would be attending trial so that their lawyers would attach the seriousness that is due a criminal matter to the case.

Meanwhile, the court has ordered continuation of trial in the absence of the 19th defendant, MalamAdamu Ibrahim Umaru, who was absent at Wednesday?s proceedings.

The court?s decision was following an application by the prosecution, who noted the 19th defendant have been absent in court on three consecutive hearings.

Kaswe recalled he had informed the court at the last sitting that he would apply for continuation of trial in the absence of the 19th defendant at the next adjourned date.

He cited Section 352(4) of the Administration of Criminal Justice Act (ACJA) as a ground to proceed in the absence of the 19th defendant.

But the request was objected to by Sani, who confirmed that Umaru has been absent in court twice, adding the court had previously been informed of the 19th defendant?s absence by the defence team.

In a short ruling, Justice Halilu held that bail is a constitutional right of a defendant and it?s granted with conditions that ensures the defendant is always present in court for trial.

He observed that bail is a contractual agreement between the court and the defendant, adding that the absence of the 19th defendant is a breach of such contract as well as the conditions of his bail which bar him from committing another crime.

Justice Halilu accordingly agreed with the submission of the prosecution that the provision of ACJA be applied in the instance circumstance and subsequently ordered that the case should proceed in the absence of the 19th defendant in line with the provision of ACJA.

Meanwhile, following the conclusion of the Evidence-in-chief of the second prosecution witness (PW2), Williams Akporeha, the court adjourned the case to July 9 for cross examination of the witness by the defence. (This Day)

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