Terrorism trial: Ndume makes “no case submission”

.You have case to answer, says FG

After six years of his trial on four-count terrorism charge for allegedly assisting the dreaded Boko Haram sect, former Senate Leader, Senator Ali Ndume, on Tuesday, told the Federal High Court in Abuja to acquit and discharge him on his “no case submission.”

Arguing the application yesterday, Ndume lead counsel, Ricky Tarfa (SAN), told Justice Gabriel Kolawole that the Federal Government who arraigned his client on November 30, 2011 has not in any way established a prima facie case against the defendant or linked him with the heinous crime.

The defence counsel said that the prosecution has called seven witnesses and tendered 9 exhibits in support of the case but they have not been able to prove beyond reasonable doubt or raise questions that required the defendant to enter his defence.

He said that three of the exhibits were the confessional statement of the defendant while the other exhibits marked P 5, and P 5(a) were the defendant mobile phones while P 6 was documentary analysis and P 7 was a case brief.

There was also in evidence Court of Appeal decision and Supreme Court judgment of the appeal filed by Ndume who contested the validity of the CD dics exhibits that was expunged by the apex court.

Ndume admitted that he had contact with the dreaded Boko Haram sect and that he established the contact when he was appointed into presidential committee on security matters North East zone by the government to negotiate for peace with the terrorist group.

He maintained that the charges against him were unjust and unfair because he passed the report of his contact with the terrorists to the then, Vice President Namadi Sambo and the then Director General of Department of State Security Services.

Ndume further told the court that the charge of failure to disclose information on the workings of Boko Haram cannot be sustained against him because the prosecution did not link any evidence to that effect.

“Clearly from the totality of the evidence adduced by the prosecution, there is no ingredients of the charges proved as required by law. The analysis of the mobile phones seized from the defendant and subjected to forensic examination did not reveal any offence committed.

The counsel therefore asked the court to strike out the charge against Ndume on the grounds that no prima facie has been established against him to warrant his going to defend himself.

However the prosecution counsel Mrs. Geraldine Okafor urged the court to dismiss Senator Ndume ‘no case submission’ and ask him to enter his defence because the evidences have linked him with the crime.

The government lawyer said that the charge against Ndume has to do with his failure to disclose material information to the security agents on Boko Haram and his assistance and support to the terrorist group adding that
Ndume in his own statements tendered and admitted in court confirmed he had enormous information on Boko Haram which he refused to disclose to government.

Mrs. Okafor said that the credible evidence adduced by the witnesses were corroborated by the defendant himself in his confessional statements that is in evidence.

His admission that he was a member of presidential committee on security matters also corroborated evidence of the prosecution witness that he had volume of information on the terrorist group.

“The volume of information found on him was revealing and warranted his being charged to court. The prosecution is not fishing for information but in law the defendant has to offer an information being a member of the presidential committee on security challenges” she added.

Let the point be made here that witnesses called by the government have by one way or the other linked the charge against the defendant and I urge the court to order the defendant to open his defence on the charges against him.

It is even in the interest of the defendant and justice that this case be heard on its own merit instead of upholding the no case submission,” she stated.

Trial judge, Justice Kolawole after taking arguments from both parties adjourned ruling to July 4 2017.