A High Court sitting in Maitama, Abuja, has granted the Federal Government permission to try one of the 20 accused former tanker union leaders in absentia, as the case of attempted murder and assault against them continues to unfold.
The defendants, all ex-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 attempted murder, breach of peace, and assault. The alleged victims include NUPENG National President Williams Akporeha, Secretary-General Olawale Afolabi, and current PTD Chairman Augustine Egbon.
When proceedings resumed on Wednesday, the presiding judge, Justice Yusuf Halilu, ruled that the 19th defendant, Malam Adamu Ibrahim Umaru, could be tried in absentia, following his repeated failure to appear in court—dating back to January and March sessions.
Prosecution counsel David Kaswe argued that Umaru’s absence met the requirements under Section 352(4) of the Administration of Criminal Justice Act (ACJA), which permits a trial to continue if a defendant, aware of pending charges, fails to appear without justification.
“The law is clear. If a defendant is aware of a criminal charge and fails to appear in court without prior notification, the court may proceed in his absence,” Kaswe said, urging the court to expedite proceedings.
However, defence counsel Abubakar Sani opposed the request, explaining that Umaru is currently remanded at a Calabar prison over a separate matter. He argued that trying his client in absentia violates the presumption of innocence and undermines fair trial standards.
Justice Halilu disagreed. Ruling in favour of the prosecution, he declared that Umaru’s failure to comply with bail conditions constituted a breach and approved the continuation of the trial without him.
Meanwhile, the court admitted a key piece of evidence — a petition dated November 2, 2023, addressed to the Inspector General of Police — which reportedly triggered the case. The petition, tendered by the second prosecution witness (PW-2), Mr. Akporeha, was marked Exhibit G.
The case, marked FCT/HC/CR/042/2023, was then adjourned until July 9 to allow the defence to cross-examine the witness. Two more prosecution witnesses are expected to testify.
In a gripping earlier testimony, Akporeha recounted how he narrowly escaped a mob attack allegedly orchestrated by the defendants, while his colleagues suffered severe assaults before police intervention.
The case continues to cast a spotlight on the internal tensions within NUPENG, exposing bitter factional rifts and raising questions about leadership, loyalty, and law in one of Nigeria’s most powerful labour unions.
