The immediate past majority leader in the Senate, Senator Ali Ndume standing trial on terrorism related offences on Tuesday told the Federal High Court in Abuja that he has no case to answer in the four-count charge slammed against him by the Federal Government.
Ndume told the trial Judge, Justice Gabriel Kolawole that the Federal Government has not, in any way established a prima facie case against him or link him with the alleged crime.
In a no case submission argued by his counsel, Rickey Tarfa (SAN), Ndume insisted that the charges brought against him by the Federal Government since December 30 2013 has not been proved beyond reasonable doubt as required by law.
He admitted that he had contact with the Boko Haram sect when he was appointed into the Presidential Committee on Security Matters by the Federal Government to negotiate for peace with the terrorist group.
Ndume maintained that the charges against him were unjust because he passed the report of his contact with the terrorist to the then, Vice President Namadi Sambo and the then Director General of the Department of State Services (DSS).
The Senator 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 ingredient 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,” he said.
Tarfa, in his submission, asked the court to strike out the charge against the Senator on the grounds that no prima facie case has been established against him to warrant him defend himself.
The prosecution counsel, Geraldine Okafor, in her submission, urged the court to compel Ndume to open his defence in the charges against him, on the ground that prosecution witnesses have effectively linked him with the alleged crime in their evidence.
The prosecution counsel said the charge against Ndume has to do with the failure to disclose material information to the security agents on the activities of the Boko Haram terrorist group adding that the Ndume in his own statements, tendered and admitted in court that he had enormous information on Boko Haram which he refused to disclose to government.
The prosecution counsel said the credible evidence adduced by the witnesses were corroborated by the defendant himself in his statements to the security agent.
According to the counsel, Ndume’s admission that he was a member of presidential committee on security matters also corroborated his evidence 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, the defendant has to offer an information, being a member of the presidential committee on security challenges.”
“Let the point be made here that witnesses of the Federal Government have by one way or the other linked the charge against the defendant and the court, as an impartial court should 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,” Okafor submitted.
The trial Judge, Justice Gabriel Kolawole, after taking arguments from the two parties, adjourned ruling to July 4 2017.
Ndume, a serving Senator from Borno State, was arraigned before Justice Kolawole on December 12, 2013 on a four-count charge by the DSS.
He was also accused of sponsoring the Boko Haram sect, and failing to disclose the cell phone number of Konduga, which was alleged to be in his (Ndume’s) possession.
He pleaded not guilty to the charges
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