SUMAL FOOD LIMITED VS ABBEY TROTSKY

Magistrate commenced a criminal trial without legal representation and proof of evidence for the defendant (Abbey Trotsky)

Matter adjourned till 12th December, 2024

The criminal matter based on four-count trumped–up charges of conspiracy to commit breach of public peace, unlawful assembly, assault and malicious damage levelled against Comrade Abbey Trotsky, the Oyo State coordinator of the Campaign for Democratic and Workers Rights (CDWR), by the Nigeria police at the instance of Sumal Food Limited, Ibadan, came up again on Thursday, 31st October, 2024 at the Magistrate Court 6, Iyaganku, Ibadan, Oyo State. The magistrate, Chief Magistrate (Mrs) M. M. Olagbenro, who happens to be the fifth presiding magistrate over this matter since Abbey Trotsky’s first arraignment on the 7th June, 2019, hurriedly went into the trial without a legal representation and proof of evidence for Abbey Trotsky, the defendant.

It will be recalled that the controversy over the legal representation for Abbey Trotsky which started with the disqualification of his counsel, Mr Adeyinka-Olumide Fusika, because of his status as a Senior Advocate of Nigeria, SAN, is yet to be resolved. The matter which is about whether or not a SAN can appear at the magistrate court is currently before Supreme Court. The court was adequately informed of this development and persuaded to allow the Supreme Court to decide on the contending issue around the legal representation, given its centrality in determining the veracity of the outcome of any criminal matter. The court subsequently over-ruled the plea by the Abbey Trotsky and asked the police prosecutor to call the first of the two witnesses of the claimant which is the Sumal Food limited, in this case. So, the evidence of one Mr Akinfe Olatunde, who claimed to be the Chief Security Officer of Sumal Food Limited, was taken.

Mr Akinfe informed the court that Abbey Trotsky and his unidentified loyalists invaded the premises of Sumal Food Limited on the 2nd of October, 2018, destroyed a lot of the company properties and carried out different forms of attacks on staff including himself up to a state of coma while trying to appeal for calm. Thereafter, Abbey Trotsky was asked by the court in the absence of a legal representation to cross examine the witness. He however, informed that court that he didn’t  have the required legal competence to conduct a cross examination, hence, the basis for the decision to hire the service of a lawyer for his defence in the first instance. After a period of back and forth that lasted for several minutes, the matter was adjourned till 12th of December, 2024 with a directive that police prosecutor should serve the defendant with the proof of evidence for adequate preparation for the next adjourned date.

It should also be recalled that in October 2018, casual workers of Sumal embarked on strike action over poor pay and slave-like conditions. The intervention of Abbey Trotsky and other members of the CDWR, Oyo state, during the protest no doubt strengthened the workers, consequently forced the Sumal management to give some concessions which it never intended. This is the basis for the ongoing persecution of Abbey Trotsky.

We of the CDWR appreciate all  activists including Mr Kayode Marthins, the Chairman of the Nigeria Labour Congress, NLC, Oyo State Chapter, who were in court in solidarity. We shall continue to hope for a  solid  relationship and collaboration in our resolve not to relent in our determination to deepen the campaign against casualisation and other indecent labour practice in workplaces across the state and Nigeria at large.

Yusuf Abiodun

For the CDWR

CDWR email: [email protected]