The absence of Charles Okah, Obi Nwabueze and Edmund Ebiware, who were charged with alleged bombing of Abuja on Oct 1, 2010, stalled proceedings at a Federal High Court on Tuesday.
The accused could not be in court on account of ill health.
Justice Daniel Kolawole had at the last sitting ordered the prison authority to ensure that Okah, struck by a partial stoke, was taken to the National Hospital for treatment.
At the resumed hearing, the prosecutor, Dr Alex Izinyon (SAN), informed the court that the absence of the accused was to frustrate case.
Mr Ogbeneovo Otemu, counsel to the accused, argued that the prosecutor was high-handed, saying the prison officials had satified the accused persons to be sick.
Otemu further stated that the prison authority failed to take Okah to the National Hospital as directed by the court.
However, the matter was withdrawn to the Chambers on the instruction of the Judge.
Speaking with Journalists after returning from the chambers, Izinyon explained that the prosecution was prepared to file a motion seeking the evacuation of the three accused to a psychiatric hospital.
He said: “that is the only option left to us if the accused continue to show symptoms best explained as madness.
“We have discovered that their actions are pretentious; you could see that the two of them that came to court were behaving like mad people; we cannot continue this way.”
Otemu, however, said that a counsel was always allowed to file motions and counter motions, adding that he (Otemu) was prepared to argue such application if brought by the prosecutor.
He said that the accused remained innocent until the court found them guilty as charged, saying that the prosecutor and the prison authority were gradually killing the accused.
The judge adjourned the case to March 17.