The absence of the defence lawyer on Thursday stalled the trial of 10 persons charged with sexual assault and sodomy at Oba Morufu Market, Ejigbo, Lagos, at an Ikeja High Court.
The defendants are also being tried for torturing two women and a minor at the market.
The defendants are the market leader, Waidi, 61; Yusuf, 22; Haruna, 20; Saheed Adisa, 29; Lateef Tijani, 37; Ahmed Adisa, 65; and Azeez Akinosun, 36.
Others are Jimoh Busari, 50; Adekunle Adenuga, 38, and Oloruntoyin Dauda, 46, who is the woman leader of the market.
They are facing a 19-count charge bordering on conspiracy, attempted murder, sexual assault, maliciously administering poison, obtaining money by false pretences and deprivation of liberty.
The defendants were alleged by the prosecution to be members of the Oodua Peoples Congress (OPC).
They allegedly tortured with pepper and sodomised Mrs Ajoke Agomo, her daughter, Nike Salami, and her stepdaughter, Juliana Agomo, at the market on February 11, 2013 over alleged pepper theft.
Agomo allegedly died from injuries she sustained from the assault.
Footage of the assault and sodomy posted by public-spirited people went viral on the internet.
The News Agency of Nigeria (NAN) reports that Mr O.R. Sokunbi, counsel to Buhari Yusuf and Abdullahi Haruna (the second and third defendants) were absent during Thursday’s proceedings.
The lawyer was also absent at previous proceedings held on October 20.
Sokunbi was to start the defence of Yusuf and Haruna following the testimony of Isiaka Waidi, the first defendant.
Following this development, Mr Yakub Oshuola, the state prosecutor, asked the court to close the case of the second and third defendants.
Granting the prosecutor’s request, Justice Oluwatoyin Ipaye, in a ruling, noted that the counsel’s absence was a calculated attempt to delay the trial.
“This case has suffered unwholesome delay by the tactics used by the defence.
“Counsel to the second and fourth defendants sent in a letter apologising for his inability to come to court and he suggested a trial date of Oct. 26.
“No reason has been furnished to court why he could not come to court on the day he suggested.
“The case of the second and third defendants is hereby closed,” the judge said.
Justice Ipaye directed the counsel to the fourth defendant, Mr O.P. Popoola, to open his defence by calling his witnesses.
Responding, Popoola said: “My Lord, I was not expecting to start my defence today, the witness I wanted to call is not in court.”
Justice Ipaye adjourned the case until 1.00 p.m. on October 30 and November 1 for continuation of trial.
