In the absence of the 19th defendant, Malam Adamu Umaru, the Federal Capital Territory High Court in Maitama, Abuja, decided on Wednesday to continue the trial of 20 former leaders of the Nigeria Union of Petroleum and Natural Gas Workers’ Petroleum Tanker Drivers section.
Following arguments by the prosecution’s attorney, David Kaswe, who urged the court not to consider any more delays from the defense attorney, Abubakar Sanni, acting in lieu of Christopher Oshomogie (SAN), the trial judge, Justice Yusuf Halilu, rendered the decision.
The prosecution claims that the defense attorney had asked the court for adjournments three times in a row because the 19th defendant was not there, giving the same justifications each time.
The Office of the Attorney General of the Federation has filed a five-count charge against Umaru and 19 other people, including Lucky Osesua, the former PTD National Chairman.
Accused of attempted murder, breach of peace, and assault, the defendants in charge number FCT/HC/CR/042/2023 are on trial.
The defendants are charged with assaulting the new PTD National Chairman, Augustine Egbon; the union’s Secretary-General, Olawale Afolabi; and the National President of NUPENG, Mr. Williams Akporeha.
Among other offenses, the prosecution claims that their actions were meant to result in the victims’ deaths.
The other defendants include Dayyabu Garga, Humble Obinna, Akinolu Olabisi, Godwin Nwaka, Tiamiu Sikiru, Abdulmimin Shaibu, John Amajuoyi, Zaira Aregbo, Patrick Erhivwor, Stephen Ogheneruemu, Gift Ukponku, Sunday Ezeocha, and seven others. They have all pleaded not guilty to the charges.
At the resumed hearing, the prosecuting counsel informed the court that the 19th defendant had been absent at hearings in January and March and submitting the same excuse a third time for adjournment was simply a ploy to impede a speedy trial since the defendants have been granted bail.
Kaswe requested that the trial proceed in Umaru’s absence under Section 352(4) of the Administration of Criminal Justice Act. He argued that Umaru’s repeated absence satisfied the legal provisions to continue proceedings without him.
In response, the defence counsel confirmed Umaru’s prior absences but contended that he was in custody at a correctional facility in Calabar, a circumstance beyond his control. He argued that this made Section 352(4) of the ACJA inapplicable, adding that Umaru was still presumed innocent under the Nigerian Constitution.
Kaswe countered that no evidence had been presented to explain Umaru’s absence and accused the defence of deliberately attempting to stall the trial.
In his ruling, Justice Halilu emphasised that bail is a constitutional right but requires strict adherence to conditions, including consistent court attendance. He stated that Umaru’s absence constituted a breach of his bail terms and agreed with the prosecution’s request to proceed under the ACJA.
The judge also threatened to remove the defendants’ bail if the defense kept handling the criminal case in a lighthearted manner. The trial was then continued without the 19th defendant, per his instruction.
It is impossible to overstate the importance of bail, according to Justice Halilu. Despite the defendants’ constitutional right to do so. I should quickly point out that conditions are frequently imposed when granting bail to a suspect.One of the reasons bail is contractual is to enable him to return for trial. Therefore, the 19th defendant is in violation of the bail granted by this court if he chooses to make himself unavailable or engage in behavior that will result in his incarceration, as stated by Oshiomogie (SAN), who stated that the defendant is in Calabar prison. This would be committing another crime that would result in his imprisonment. According to Kaswe, the ACJA would let a defendant to stand trial without his presence.
“Yes, the Constitution now has the final word, but I must admit that Kaswe’s stronger argument has outweighed the defendant’s knowledgeable counsel’s. I maintain that the trial must go forward.
The case was postponed to July 9 for cross-examination after Williams Akporeha, the second prosecution witness (PW2), concluded his evidence-in-chief.
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