servant or Community leader. The matter was then adjourned to the 20th of
March, 2017 for hearing based on mutual agreement of the parties.
On the return date the Defendant and the Prosecuting Counsel were present in
Court. But the Court was forced to adjourn the case to 6th April, 2017 and award
cost against the learned Counsel for the Defendant who failed to attend Court
without any excuse. On the return date of 6th April, 2017, neither the Defendant
nor his Counsel were in Court. The learned Counsel for the Prosecution applied to
the Court for the revocation of the Defendant’s bail and for the trial to proceed in
the absence of the Defendant. The Court granted the first prayer, revoked the
bail of the Defendant and issued a bench warrant for his arrest and production
before the Court to face trial. The Court declined the prayer for trial in absentia
at that stage since by 352(4) of the Administration of Criminal Justice Act, 2015
provides for trial of a Defendant in absentia only after a minimum of two
adjournments. The matter was then adjourned to the 3rd of May, 2017 for
hearing.
The matter was adjourned several times and on all these occasions neither the
Defendant nor his Counsel on record appeared in Court. Even the Counsel for the
Defendant on record abandoned his appearance in the suit and processes served
in his office were refused and had to be dropped on the law office reporesenting
the Defendant i.e. Audu Karimu & Co. of Suite 207, Chati Plaza, Plot 1235 Sapele
Street, Off Ladoke Akintola Boulevard, Garki 2, Abuja.
3