Anebi
Justice Yusuf Halilu of the High Court of the Federal Capital Territory (FCT), sitting in Maitama, Abuja, on Wednesday ordered the continuation of ongoing trial of 20 former leaders of the Petroleum Tanker Drivers (PTD) branch of Nigeria Union of Petroleum and Natural Gas Workers (NUPENG), in the absence of the 19th defendant, Malam Adamu Ibrahim Umaru.
Umaru and others are facing trial before the court alongside a one-time PTD National Chairman, Lucky Osesua and alongside 19 others on a five-count charge bordering on attempted murder, breach of peace and assault in the charge, marked FCT/HC/CR/042/2023.
The defendants were alleged to have attacked NUPENG National President, Mr Williams Akporeha, the union’s Secretary-General, Olawale Afolabi and the new PTD National Chairman, Augustine Egbon, thus acting in a manner likely to cause their death, among other offences.
Other defendants included Dayyabu Garga; Humble Obinna; Akinolu Olabisi; Godwin Nwaka; Tiamiu Sikiru; Abdulmimin Shaibu and John Amajuoyi.
Others are Zaira Aregbo; Patrick Erhivwor; Stephen Ogheneruemu; Gift Ukponku and Sunday Ezeocha and seven others.
They, however, pleaded not guilty to the charges.
At the resumed hearing in the case on Wednesday, the prosecuting counsel, David Kaswe, informed the court of Umaru’s absence again in court, adding that the 19th defendant was equally absent at the proceedings in January and March, this year.
According to him, the prosecution had informed the court at the last sitting that it would apply for continuation of trial in the absence of the 19th defendant at the next adjourned date.
Kaswe, therefore, applied that the provision of Section 352(4) of the Administration of Criminal Justice Act (ACJA) be invoked by the court in ordering that the case should proceed in the absence of the 19th defendant.
According to him, Umaru’s absence in court on Wednesday and on two previous sittings in January and March satisfied the provision of the law to allow continuation of proceeds in his absence.
Responding, the counsel for the defendants, Abubakar Sani, who held the brief of the lead counsel, Christopher Oshomegie, SAN, confirmed that Umaru has been absent in court twice but added that the court had previously been informed of the 19th defendant’s absence by the defence team.
He, however, said that contrary to Kaswe’s submission, the provision of Section 352(4) of ACJA was not applicable in the present situation as Umaru was in custody at the correctional facility in Calabar and as such his movement was being restricted.
According to Sani, the 19th defendant was being kept by circumstance beyond his control, adding that in line with the provision of the Constitution of the Federal Republic of Nigeria, he (Umaru) was still presumed to be innocent.
Responding to this, Kaswe said there was no document placed before the court to explain Umaru’s absence and asserted that the defendant’s absence was calculated to stall the speedy trial of the case.
In his bench ruling, Justice Halilu noted that bail is a constitutional right of a defendant and in granting bail to a defendant, the court always ensures that certain conditions are attached to ensure the defendant is always present in court for trial.
He held 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.
The judge held that the court agreed with the submission of the prosecution that the provision of ACJA be applied in the instance circumstance.
He, therefore, ordered that the case should proceed in the absence of the 19th defendant in line with the provision of ACJA.
Earlier, the judge had threatened to revoke the bail of all the defendants and remand them in correctional centre in order to ensure that the defence team takes the case, which is a criminal matter, as serious as it deserves.
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.
Alleged murder attempt: Court threatens to revoke bail of ex-NUPENG chiefs
