A High Court of the Federal Capital Territory (FCT) in Maitama has threatened to revoke the bail granted to 20 ex-leaders of the Petroleum Tanker Drivers (PTD) branch of the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) being tried for attempted murder.
Justice Halilu Yusuf issued the threat on Wednesday upon his observation that the defence team appeared not to be taking the case seriously.
Justice Yusuf also threatened to remand the defendants in a correctional centre in order to ensure that the defence team takes the case seriously as required.
Also, the judge, during Wednesday’s proceedings, agreed with prosecuting lawyer, David Kaswe, that the trial in the case should proceed in the absence of the 19th defendant, Adamu Ibrahim Umaru, who is currently being held in Calabar prison over a separate offence.
At the commencement of proceedings, Kaswe drew the court’s attention that Umaru had not attended the last three proceedings.
He urged the court to invoke Section 352(4) of the Administration of Criminal Justice Act (ACJA) to order that the trial in the case should proceed in the absence of the 19th defendant.
Defence lawyer, Abubakar Sani, objected to Kaswe’s application, arguing that the provision of Section 352(4) of ACJA was not applicable in the present situation.
Sani said Umaru was being held in the custody of the correctional facility in Calabar, and his movement was being restricted.
He added that the 19th defendant was being kept away from the court by circumstances beyond his control, noting that by the provision of the Constitution, Umaru was still presumed innocent.
In his reply, Kaswe noted that there was no document placed before the court to explain Umaru’s absence and that his absence was intended to stall the speedy trial of the case.
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 should be applied in the circumstances.
He then ordered that the case should proceed in the absence of the 19th defendant in line with the provisions of ACJA.
After the ruling, the second prosecution witness (PW2), Williams Akporeha, was invited to conclude his evidence-in-chief, following which the judge adjourned till July 9 for the cross-examination of the witness.
The 20 defendants, including a former PTD National Chairman, Lucky Osesua and 18 others, are being tried on a five-count criminal charge bordering on attempted murder, breach of peace and assault.
They were in the charged marked: CR/042/2023, accused of acting “in a manner likely to cause the death of one Comrade Wiliams Akporeha and Comrade Augustine Egbon”, when they laid siege at PTD’s office at No. 50 Moses Majekodenmi Crescent, Utako District in Abuja on November 1, 2023.
The defendants were also accused of voluntarily causing grievous bodily harm to Comrade Williams Akporeha, Comrade Olawale Afolabi, Comrade Solomon Kilanko and Comrade Augustine Egbon.
While testifying in the case on October 23, 2024, the President of NUPENG, Williams Akporeha, gave details on how he and other senior members of the union were allegedly attacked by the defendants, adding that he narrowly escaped being killed.
Akporeha said, but for the efforts of security personnel, he would have been killed or subjected to the violent attacks that nearly claimed the lives of the union’s Secretary General, Wale Afolabi and the newly elected National Chairman of the Petroleum Tanker Drivers (PTD) branch of NUPENG, Augustine Egbon.
