A Federal High Court, Maitama Division, Abuja on Wednesday ordered continuation of trial of 20 former leaders of Petroleum Tanker Drivers despite absence of the 19th defendant, Adamu Ibrahim-Umaru.

Mr Ibrahim-Umaru and others are facing trial alongside one-time PTD National Chairman, Lucky Osesua, on a five-count charge bordering on attempted murder, breach of peace and assault in the suit, marked FCT/HC/CR/042/2023.

The defendants were alleged to have attacked NUPENG National President, Williams Akporeha and the union’s Secretary-General, Olawale Afolabi.

The defendants were also accused of attacking the new PTD National Chairman, Augustine Egbon, thereby acting in a manner likely to cause their deaths, among other offences.

Other defendants in the matter included Dayyabu Garga, Humble Obinna, Akinolu Olabisi, Godwin Nwaka, Tiamiu Sikiru, Abdulmimin Shaibu and John Amajuoyi.

Equally defendants are Zaira Aregbo, Patrick Erhivwor, Stephen Ogheneruemu, Gift Ukponku and Sunday Ezeocha and seven others.

The defendants pleaded not guilty to the charges.

At the resumed hearing in Abuja on Wednesday, the prosecution counsel, David Kaswe, informed the court that the 19th defendant was absent.

Mr Kaswe also reminded the court that the 19th defendant was absent at the proceedings in January and March, this year.

He said, “We had informed the court at the last sitting that we would apply for continuation of trial in the absence of the 19th defendant at the next adjourned date,.’’

Mr Kaswe, therefore, applied that the provision of Section 352(4) of the Administration of Criminal Justice Act (ACJA) be invoked by ordering that the case proceeds in the absence of the 19th defendant.

According to him, Umaru’s absence in court today and the two previous sittings in January and March satisfied the provision of the law to allow the continuation of proceedings in his absence.

Responding, the counsel for the defendants, Abubakar Sani, who held the brief for Christopher Oshomegie ,SAN, confirmed that Mr Ibrahim-Umaru has been absent in court twice.

He said that the defence team had previously informed the court of the 19th defendant’s absence and the reason for that.

He, however, said that contrary to Mr Kaswe’s submission, the provision of Section 352(4) of ACJA was not applicable in the present situation.

He explained that Mr Ibragim-Umaru was currently 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 circumstances beyond his control.

He further said that in line with the provision of the Constitution of the Federal Republic of Nigeria, he (Ibrahim-Umaru) was still presumed to be innocent.

Responding to this, Mr Kaswe said that there was no document placed before the court to explain Mr Ibrahim-Umaru’s absence.

He asserted that the defendant’s absence was calculated to stall the speedy trial of the case.

In his ruling, Justice Yusuf Halilu, ruled that the case be heard in the absence of the 19th defendant.

Mr Halilu noted that bail was constitutional right of a defendant and in granting bail, the court always ensured that certain conditions were attached.

According to him, to ensure that the defendant always attends court for trial, bail is made by a contractual agreement between the court and the defendant.

He added that the absence of the 19th defendant is a breach of such a 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 circumstance.

He, therefore, ordered that the case should proceed in the absence of the 19th defendant in line with the provision of ACJA.

Mr Halilu, however, threatened to revoke the bail of the defendants and remand them in the correctional centre to ensure that the defence team takes the case seriously.

The second prosecution witness (PW2), Williams Akporeha, later concluded his evidence, before Mr Halilu adjourned the case until July 9 for cross examination of the witness by the defence counsel.

(NAN)