The absence of one of the 20 former leaders of the Petroleum Tanker Drivers (PTD) branch of the Nigeria Union of Petroleum and Natural Gas Workers (NUPENG) in court today stalled further hearing in their trial before the High Court of the Federal Capital Territory (FCT).
The former PTD leaders, including the association’s one-time National Chairman, Lucky Osesua, are standing trial before Justice Yusuf Halilu, sitting at Maitama, Abuja, 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; the Union’s General-Secretary, Olawale Afolabi; and the new PTD National Chairman, Augustine Egbon, thus acting in a manner likely to cause their deaths, among others offences.
They, however, pleaded not guilty to the charge preferred against them.
At the resumed sitting in the case today, counsel for the defendants, Christopher Oshomegie SAN, informed the court that the 20th defendant, Adamu Ibrahim, was not in court due to his illness and tendered a medical report to that effect before the court.
The senior advocate said the development had created an impossibility for the hearing to go on. He, therefore, sought an adjournment.
The prosecuting counsel, David Kaswe, however, objected to the application for adjournment on the ground that the medical report presented to the court did not emanate from a recognised government hospital.
While submitting that Ibrahim’s absence was a deliberate ploy to frustrate a definite hearing in the case, Kaswe urged the court to not only discard the medical report but also proceed to hear the case pursuant to relevant provisions of the Administration of Criminal Justice Act (ACJA).
The prosecutor further urged the court to revoke the bail earlier granted to the defendant in view of the severity of the offence he (Ibrahim) is standing trial before the court.
Oshomegie, however, told the court that the 20th defendant had no cause not to come to court to face trial, adding that the defendant had always been coming to court for trial. He then appealed that Ibrahim’s bail should not be revoked.
In his ruling after listening to parties, Justice Halilu held that once a defendant has been arraigned in court and falls sick in the course of trial, they must give some modicum of credibility by seeing a doctor in a recognised government hospital.
The judge, however, noted that this is the first time Ibrahim would be absent in court as he has been coming for trial, and as such, he should be given the benefit of the doubt and be allowed to be present in court at the next adjourned date.
He subsequently adjourned the case to January 27, 2025 for the continuation of hearing.
At the last sitting in the case on October 23, NUPENG National President Wiliams Akporeha, while testifying as the second prosecution witness (PW2) in the case had narrated how the defendants made attempt on his life on November 1, 2023.
Akporeha told the court that he narrowly escaped being lynched by the defendants, while both NUPENG Secretary-General Olawale Afolabi and PTD National President, Augustine Egbon were not that lucky, as they were thoroughly dealt with by the defendants before the arrival of police personnel from Utako Police Station.
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