The Federal Capital Territory High Court sitting in Maitama, Abuja, has warned 20 former leaders of the Petroleum Tanker Drivers branch of NUPENG that their bail could be revoked if they continue to miss court proceedings in their ongoing criminal trial.
Justice Yusuf Halilu gave the warning during a sitting on Wednesday in a case involving a former national chairman of the PTD, Lucky Osesua, and 19 others, including Malam Adamu Ibrahim Umaru, who was absent in court for the third time. The defendants are facing a five-count charge of attempted murder, assault, and breach of peace.
They are accused of attacking the NUPENG National President, Williams Akporeha, Secretary-General Olawale Afolabi, and the newly elected PTD Chairman, Augustine Egbon, in a manner that could have led to their deaths.
The prosecuting lawyer, David Kaswe, asked the court to apply Section 352(4) of the Administration of Criminal Justice Act, 2015, which allows a trial to continue in the absence of a defendant if they deliberately miss court proceedings. He said, “The 19th defendant has failed to appear in court since January and there is no document before this court explaining his absence. We believe his absence is an attempt to delay justice.”
However, the defence lawyer, Abubakar Sani, who stood in for Christopher Oshomegie SAN, said that Umaru was in custody at the correctional centre in Calabar and his absence was beyond his control. He argued that the court had been previously informed about his situation and that the law still presumes him innocent.
Justice Halilu, in his ruling, said that bail is a legal agreement between the court and a defendant, and must be respected. He said, “If a defendant does not follow the bail terms, including regular attendance in court, the court has every right to cancel the bail.” He then ordered the trial to continue in the absence of the 19th defendant.
The judge also warned the other defendants that if such behaviour continues, their bail would be revoked and they would be remanded in custody. He said, “This is a criminal case and must be treated with all seriousness.”
After the second prosecution witness, Williams Akporeha, completed his main testimony, the judge adjourned the matter to July 9 for cross-examination by the defence.
