By Ikechukwu Nnochiri

ABUJA– A High Court of the Federal Capital Territory, FCT, sitting at Maitama, on Wednesday, adjourned further hearing on a case the Federal Government filed against 20 tanker drivers, to July 9.

The defendants, who were identified as former leaders of the Petroleum Tanker Drivers, PTD, branch of the Nigeria Union of Petroleum and Natural Gas Workers, NUPENG, are facing a five-count charge bordering on alleged attempted murder, breach of peace and assault.

The charge, marked: FCT/HC/CR/042/2023, was brought before the court by the office of the Attorney-General of the Federation and Minister of Justice.

The defendants were alleged to have attacked NUPENG National President, Mr. Williams Akporeha; the Union’s Secretary-General, Olawale Afolabi and the new PTD National Chairman, Augustine Egbon, thus acting in a manner likely to cause their death.

Those on trial over the alleged crime included a one-time PTD National Chairman, Lucky Osesua; Dayyabu Garga; Humble Obinna; Akinolu Olabisi; Godwin Nwaka; Tiamiu Sikiru; Abdulmimin Shaibu and John Amajuoyi.

As well as: Zaira Aregbo; Patrick Erhivwor; Stephen Ogheneruemu; Gift Ukponku and Sunday Ezeocha.

At the resumed proceedings in the matter on Wednesday, Justice Yusuf Halilu gave FG the nod to prosecute one of the defendants, Malam Adamu Ibrahim Umaru, in absentia.

The order followed repeated absence of Umaru who was listed as the 19th defendant in the case, in court for the continuation of his trial.

When the case was called up, the prosecution counsel, Mr. David Kaswe, drew the judge’s attention to the absence of the defendant, noting that he was not equally in court when the matter came up in January and March.

Relying on section 352(4) of the Administration of Criminal Justice Act, ACJA, 2015, FG’s lawyer argued that the condition precedent for the continuation of the case in the absence of the defendant had been met.

“His absence in January, March and today satisfied the requirement of the law. He is aware that there is a criminal charge pending against him before this court.

“If there is any reason to warrant his absence for the trial, the law stipulated that he must inform the court in advance,” FG’s lawyer contended.

He argued that the day-to-day provision in the ACJA for criminal matters was to guarantee expeditious hearing.

However, the defence lawyer, Mr. Abubakar Sani, notified the court that the defendant’s absence was because he is currently remanded at Calabar prison over a different case.

He argued that section 352(4) of the ACJA, 2015, was not inapplicable in the case since the defendant’s whereabouts is known, insisting that he has been kept away by circumstances beyond his control.

More so, he maintained that the defendant ought to be allowed to enjoy the presumption of innocence guaranteed by the 1999 Constitution, as amended.

In his ruling, Justice Halilu said he found merit in the application by the prosecution, stressing that the absence of the defendant amounted to a breach of the conditions upon which he was released on bail by the court.

Consequently, he permitted the federal government to try the defendant in his absence.

Meanwhile, before the case was adjourned, Justice Halilu admitted in evidence a copy of a petition to the Inspector General of Police, dated November 2, 2023, which precipitated the case against the defendants.

The petition, admitted as Exhibit G, was tendered through the second prosecution witness, PW-2, Mr. Akporeha.

The case was adjourned to enable the defence lawyer to cross-examine the witness.

FG told the court that it has two more witnesses that are lined up to testify in the matter.

The PW-2 had in his earlier testimony on October 23, 2024, narrated before the court how he narrowly escaped being lynched by the defendants, while his colleagues, Afolabi and Egbon, were brutally attacked before the police intervened.