Responding, defence counsel Abubakar Sani said the defendant is currently being held in custody at the Calabar Correctional Centre in connection with a separate offence.
He contended that since the defendant’s whereabouts are known, section 352(4) could not be invoked, noting that his absence is not wilful but due to circumstances beyond his control.
Sani further urged the court to uphold his client’s right to the presumption of innocence, as guaranteed by the 1999 Constitution (as amended).
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In his ruling, Yusuf Halilu, the presiding judge, agreed with the prosecution, stating that the 19th defendant had breached the conditions of his bail, adding that the court would proceed with the trial in his absence.
Earlier in the proceedings, the court admitted into evidence a petition dated November 2, 2023, addressed to the inspector-general of police, which formed the basis of the charges against the defendants.
The petition was tendered through Akporeha, who appeared as the second prosecution witness.
During his testimony on October 23, 2024, Akporeha recounted how he narrowly escaped being lynched by the defendants.
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He alleged that his colleagues, Afolabi and Egbon, were severely beaten before police officers arrived to de-escalate the situation.
The judge adjourned the matter to July 9 to allow the defence counsel to cross-examine the witness.
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