By Henry Umoru,Ikechukwu Nnochiri & Inalegwu Shaibu
ABUJA — FOLLOWING his alleged complicity in sponsorship of the Boko Haram Islamic sect, the States Security Service, SSS, yesterday, arraigned Senator Mohammed Ali Ndume (Borno South Senatorial District), before an Abuja Chief Magistrate Court even as his colleagues in the Senate resolved to stand by him until investigations into the case have been concluded.

The lawmaker who was docked alongside the apprehended spokesman of the sect, Ali Sanda Umar Konduga (a.ka Al-Zawahiri), pleaded not guilty to a two-count criminal charge that was preferred against them.

According to the First Information Report, FIR, entered before the trial court, SSS, particularly accused Senator Ndume of breaching public trust by disclosing several classified information to the Boko Haram sect, an action it said was punishable under section 99(b) and 398 of the Penal Code.

From right, suspected financier of Boko Haram sect and serving senator, Ali Ndume and the acclaimed spokesman of the Boko Haram Sect and former political thug in Borno State, Ali Sanda Umar Konduga, a.k.a Usman Alzawahiri convicted by court after pleading guilty of the charges against him...on Tuesday in Abuja. Photo by Gbemiga Olamikan.

Specifically, the security agency alleged that, “on diverse dates between September 15 and November 3, at Abuja and Maiduguri in Borno State, you, Mohammed Ali Ndume and Ali Sanda Umar Konduga (a.ka Al-Zawahiri) spokesman of the Boko Haram sect, did conspire to commit felony to wit: breach of official trust in that Mohammed Ali Ndume disclosed classified information to persons to whom he ought not in the public interest to so disclose.”

The SSS further alleged that the accused persons, “did intimidate by anonymous communication, some senior public officials including the Attorney General of the Federation, and thereby committed an offence contrary to section 79, 98 and 398 of the Penal Code and punishable under section 99(b) and 398 of the same code.”

Meanwhile, whereas the 1st accused person, Ndume, blatantly denied his alleged conviviality with the sect and pleaded not guilty to the charge against him, the 2nd accused, on the other hand, admitted guilt, even as he pleaded for leniency, saying he has repented of his past evil deeds.

Konduga who spoke through an interpreter, told the court that whilst he acted as spokesman of the sect, the first accused not only furnished them with classified information, but also gave them the phone numbers of highly placed persons who he said they often called or sometimes sent threat text messages to.

He confessed to the court that the last batch of text messages he sent to government officials in his capacity as the Boko Haram spokesman before he was subsequently stripped of the rank over suspicion that he was double-crossing the sect, included threat message to the Governors of Niger and Nasarawa states; to former Minister of Works, Sanusi Daggash, to the chairman of the Borno State election tribunal, Justice Sabo and to one Ambassador Dalhatu Tafida.

Following his confession, presiding Magistrate Oyebola Oyewumi, yesterday, convicted him on the two-count charge against him, though she deferred his sentence until the final determination of the charge against the 1st accused person.

Before the matter was adjourned to December 6 for hearing, Senator Ndume had through his counsel, Mr. C.I Nnaemeka, pleaded the court to release him on bail pending trial. He told the court that he was suffering from prostrate cancer and will have need for regular medical attention from his doctor.

Apprehensive that his application may be refused, Ndume who stood calm at the dock throughout the entire proceeding, raised his hand and urged the court to take cognizance of the fact that he is still a serving Senator of the Federal Republic of Nigeria. He pleaded the Magistrate to allow him go back home, bemoaning that “the way they invited me on Monday, I didn’t have the slightest hint that I was going to spend a night in detention.”

SSS counsel opposes oral application

Counsel to the SSS, Mr. Cliff Osagie, who noted that investigation into the matter was still ongoing, vehemently opposed his oral application.

He said: “Your worship, the issue of conspiracy between the 1st and 2nd accused have not been resolved and investigation is at its concluding stage with regard to that aspect. We will be applying to this court that the sentencing of the 2nd accused person be stayed until the determination of the other allegation against the 1st and 2nd accused. We also apply that the two accused persons be remanded in custody of the SSS.”

Suspected financier of Boko Haram and serving Senator, Ali Ndume, at the Magistrate Court, Abuja,

Frantic attempts by the defence counsel to secure the release of the accused persons was further thwarted by the Boko Haram spokesman, 2nd accused, who not only disowned the lawyer in the open court, but also told the court that he never briefed anyone to appear on his behalf.

He pleaded the court to go ahead and grant the request of the prosecuting counsel, saying he would be comfortable in SSS detention owing to threat by the terrorist sect, which he said has already passed vote of no confidence on him.

Consequently, the trial court, yesterday, remanded the accused persons in SSS custody pending when a formal bail application would be filed before the court. The court, however, ordered the prosecution to ensure that the lawmaker was not only granted access to his lawyers but also to his medical doctor.

Shortly after yesterday’s court session, Senator Ndume who wore white Buba and matching cap, and the 2nd accused person, were whisked back to their detention cell by armed operatives of the SSS.

We stand by him until… —Senate

Meanwhile the Senate said, yesterday, that it will continue to stand by the embattled Senator Ali Ndume, who has been fingered as one of the sponsors of the Boko Haram sect.

Answering questions from newsmen, Chairman, Senate Committee on Media and Public Affairs, Senator Enyinnaya Abaribe, who noted that the Senate was worried over the development where a Senator of the Federal Republic was fingered as being behind a terrorist group, stressed that the Senate will not abandon Ndume who is the Chairman, Senate Committee on Millennium Development Goals, MDGs, until investigations were completed.

Abaribe said: “The Senate is very much aware and has got the same information that other Nigerians have got about an alleged claim by a member of the Boko Haram sect concerning a member of the Senate and a member of the National Assembly. The Senate wishes to state very clearly that it has always been in the forefront of urging the security agencies to do the necessary job to make Nigeria safe for everyone of us.”

The Senate spokesperson who urged the department of State Security Service to carry out a thorough investigation as well as ensure that those who commit any crime irrespective of the person’s status were brought to book, said: “The Senate wishes to urge the security agencies to continue their investigation because they have told us that the investigation is continuing and at the end of their investigation, they should come out with their report and if anyone is indicted, they should go ahead and follow the dictate of the rule of law as enunciated in the Constitution.

“The constitution of Nigeria has a presumption of innocence and what that means is that every accused person is presumed

innocent until he is found guilty. So, what we are saying is that it is a mere accusation and we want the due process to be followed. The due process, of course, is what the state security agencies have told us that they are still investigating the matter. So, the Senate cannot come to any conclusion when the investigation is going on.”

When asked whether the Senate has suspended Ndume, Senator Abaribe said: “Naturally, the Senate would be sympathetic with its member and it is also worried about such an insinuation but at the moment, we are very well aware that it is just a mere allegation and the security agencies have said they are investigating the allegation.

“So, we stand by our member until the investigations are concluded.”

It’s a mere allegation —Sen Abaribe

On whether it was not a contradiction that the Senate was being fingered in the entire Boko Haram sect, Abaribe said: “It is just one member of the National Assembly out of 500, that was mentioned and this is, like I continue to say, a mere allegation. I will urge you to exercise some patience and give security agencies some time.

“You will recall that this Senate has been very supportive of the security agencies to curb the menace and we commend them and are looking up to them to do a thorough job. If there are allegations, we expect such to be thoroughly investigated and properly handled and then, whatever comes out of it, we will then come back to the government of the day.”

Asked if the Senate would further investigate itself against the backdrop of what happened, Abaribe said: “It is not the job of the Senate to do security investigation, it is the job of security agents and we have given them free hand, supported them and done everything to make sure they do their job as efficaciously as possible.”

On why the Senate did not reject the Lagos State nominee on National Population Commission, NPC, after the three senators from Lagos opposed her nomination, Abaribe said: “There is a difference between a rule and a convention.

“That was not a Senate rule, it is not in our rule book but it is a convention on the floor of the Senate that there must be unanimity and support but this same Senate on its floor has also in the past, overruled its members because we insist that any such objection must be on the basis of national interest and not on any other basis.

“The letter that was written by distinguished senators from Lagos State mainly stated that they were objecting on the basis of the nominee not being an indigene of Lagos State and the Senate would not accept such an excuse because the constitution of Nigeria clearly states that women can be nominated based on where they come from or where they are married to and that is the reason and surprisingly, Mrs. Tinubu is not an indigene of Lagos State, yet, she represents the State.

“So, we felt that in the interest of national unity and cohesion, that we should overrule such an objection.”

Also yesterday, the Senate referred the Chairman and other nominees of the National Human Rights Commission to the Senate Committees on Judiciary, Human Rights and Legal Matters, just as report of the Adhoc Committee on the Investigation of the Privatization and Commercialization Activities of the Bureau of Public Enterprises, BPE, from 1999 to date headed by Senator Ahmed Lawan, Yobe North was received.