JUST IN: Court Frees Ndume From Terrorism Charges

A Federal High Court in Abuja has struck out the terrorism
charges instituted against a former Leader of the Senate, Senator
Ali Ndume, in 2011.

Justice Gabriel Kolawole, in his judgment on Tuesday, upheld
Ndume’s no-case-submission on the grounds that the prosecution was
unable to establish any prima facie case against the defendant.

The judge held that the prosecution failed to lead any evidence
to prove any of the ingredients of the four counts anchored on the
provisions of the Terrorism (Prevention) Act 2011.

The Federal Government had, through the Office of the
Attorney-General of the Federation, filed the charges dated
November 30, 2011, against the senator currently representing the
Borno South Senatorial District.

The senator was on December 12, 2011, arraigned on four counts
of terrorism charges under the Terrorism (Prevention) Act,
2011.

The prosecution had alleged a link between Ndume and a suspected
member of Boko Haram, Ali Konduga, who had since been convicted and
sentenced for terrorism charge‎s.

Ndume was accused of, among other offences, sponsoring the Boko
Haram sect, and providing logistics support to the violent
sect.

He was also accused of providing‎ to the sect the phone numbers
of top public officers, including the then AGF, for the purpose of
sending terrorism messages to them.

He was also accused of failing to disclose the information about
the sect alleged to be in his (Ndume’s) possession to law officers
and law enforcement agencies within the shortest practicable
time.

But upholding the defendant’s no-case submission on Tuesday,
Justice Kolawole held that the prosecution failed to debunk the
defence by Ndume in the three extra-judicial statements which the
senator made to the Department of State Service that he came in
contact with some members of the sect while acting on behalf of the
Federal Government in the presidential committee set up to look at
the security challenges in the North-East part of the country.

The judge held that the prosecution also failed to call Konduga,
still serving jail terms , even for the purpose of giving evidence
as to the period he communicated with Ndume, to enable the court to
form a view as to whether the communication between the Senator and
Konduga was before or during the time the federal lawmaker was
serving on the security committee.

The judge also made specific reference to the content of Ndume’s
statements where the senator had claimed that, contrary to the
prosecution’ case, he disclosed the information he had about the
sect to the then Vice-President and the then Director-General of
the Department of State Service.

Justice Kolawole said the prosecution failed to call any of the
then Vice President and the ex-DG of DSS for the purpose of
debunking the Senator’s claim.

The judge also ruled that the Information Technology expert, Dr.
Peter Olayiwola, called by the prosecution as its fifth witness to
exploit the content of Ndume’s and Konduga’s phones, was unable to
perform the task due to a technical problem.

He added that with the order of the Court of Appeal in Abuja on
December 17, 2013, expunging certain key exhibits tendered by the
prosecution from the records of the court (the trial court) and
with the gaps in the prosecution’s case earlier highlighted, there
was nothing left for Ndume to defend.

A Federal High Court in Abuja has struck out the terrorism
charges instituted against a former Leader of the Senate, Senator
Ali Ndume, in 2011.

Justice Gabriel Kolawole, in his judgment on Tuesday, upheld
Ndume’s no-case-submission on the grounds that the prosecution was
unable to establish any prima facie case against the
defendant.

The judge held that the prosecution failed to lead any evidence
to prove any of the ingredients of the four counts anchored on the
provisions of the Terrorism (Prevention) Act 2011.

The Federal Government had, through the Office of the
Attorney-General of the Federation, filed the charges dated
November 30, 2011, against the senator currently representing the
Borno South Senatorial District.

The senator was on December 12, 2011, arraigned on four counts
of terrorism charges under the Terrorism (Prevention) Act,
2011.

The prosecution had alleged a link between Ndume and a suspected
member of Boko Haram, Ali Konduga, who had since been convicted and
sentenced for terrorism charge‎s.

Ndume was accused of, among other offences, sponsoring the Boko
Haram sect, and providing logistics support to the violent
sect.

He was also accused of providing‎ to the sect the phone numbers
of top public officers, including the then AGF, for the purpose of
sending terrorism messages to them.

He was also accused of failing to disclose the information about
the sect alleged to be in his (Ndume’s) possession to law officers
and law enforcement agencies within the shortest practicable
time.

But upholding the defendant’s no-case submission on Tuesday,
Justice Kolawole held that the prosecution failed to debunk the
defence by Ndume in the three extra-judicial statements which the
senator made to the Department of State Service that he came in
contact with some members of the sect while acting on behalf of the
Federal Government in the presidential committee set up to look at
the security challenges in the North-East part of the country.

The judge held that the prosecution also failed to call Konduga,
still serving jail terms , even for the purpose of giving evidence
as to the period he communicated with Ndume, to enable the court to
form a view as to whether the communication between the Senator and
Konduga was before or during the time the federal lawmaker was
serving on the security committee.

The judge also made specific reference to the content of Ndume’s
statements where the senator had claimed that, contrary to the
prosecution’ case, he disclosed the information he had about the
sect to the then Vice-President and the then Director-General of
the Department of State Service.

Justice Kolawole said the prosecution failed to call any of the
then Vice President and the ex-DG of DSS for the purpose of
debunking the Senator’s claim.

The judge also ruled that the Information Technology expert, Dr.
Peter Olayiwola, called by the prosecution as its fifth witness to
exploit the content of Ndume’s and Konduga’s phones, was unable to
perform the task due to a technical problem.

He added that with the order of the Court of Appeal in Abuja on
December 17, 2013, expunging certain key exhibits tendered by the
prosecution from the records of the court (the trial court) and
with the gaps in the prosecution’s case earlier highlighted, there
was nothing left for Ndume to defend.