By Ikechukwu Nnochiri
ABUJA – A Federal High Court sitting in Abuja, yesterday, stipulated eight conditions that must be met by Senator Mohammed Ali Ndume, accused of complicity in sponsorship of the dreaded Boko Haram Islamic sect, before he could be released from Kuje prison where he was kept since Friday.
Ndume who was arrested in Abuja on Novembers 21 following his indictment by a self-confessed spokesman of the sect, Ali Sanda Umar Konduga (alias Usman AI- Zawahiri) had spent 26 days in the custody of the State Security Service, SSS, before Justice Gabriel Kolawole ordered his remand in prison pending ruling on his bail application, yesterday.
The embattled lawmaker representing Borno South had in his application dated December 5, pleaded the high court to take cognisance of both his status and circumstances surrounding his arrest and subsequent detention, and grant him bail on self-recognition.
Arguing through his lawyer, Chief Rickey Tarfa, SAN, the lawmaker who is answering to a four-count criminal charge bothering on acts of terrorism, insisted that his continued incarceration amounted to an infringement on his fundamental human rights as enshrined in section 35 of the 1999 constitution.
Meanwhile, his application was vehemently opposed by the Federal Government, which pleaded the court to decline him bail, saying he will interfere with the prosecution witnesses if released.
Government lawyer, Mrs O.O Fatunde who is a Deputy Director of Public Prosecutions in the Federal Ministry of Justice, asked the trial court to take note of the sensitive nature of the case and threats presently posed to national security by the Boko Haram sect and refuse the bail request, even as she sought accelerated hearing on the matter.
However, in his ruling yesterday, Justice Kolawole said the accused person had successfully persuaded the court to exercise its discretion in his favour, though he listed eight conditions that must be met by the lawmaker before he could regain his freedom from prison custody.
Some of the bail terms
Specifically, the judge ordered that: “The accused is to deposit the sum of N25 million and produce two sureties in like sum. Both sureties must be resident within the boundary of Nigeria. One of the two sureties must either be a national officer of the political party on whose platform the accused person was found eligible to enter the Senate, or in the alternative, a serving or former principal officer of either the House of Representatives or the Senate.
“The 2nd surety must be a Nigerian and an owner of a landed property of which the property must not only be developed but must not be valued beyond N50 million. The worth of the said property must be ascertained by a registered independent valuer and the valuation report will form part of the documents to be presented by the 2nd surety.
“The 2nd surety will equally swear to an affidavit of means and is requested to provide evidence of tax payment for three years and submit document of the property to the Deputy Registrar of this court.
“Meanwhile, the accused person is ordered to surrender his current international passport, including his official and diplomatic passports. He is also mandated to sign a revocable undertaking not to interfere either through privy or servant, with the prosecution witnesses.
“In any event, the accused may be at liberty to apply within 14 days for variation of any of the conditions which he may have found onerous. Once the accused have fulfilled the condition, both the prosecution and the Deputy Registrar of this court shall review the terms after which the Registrar upon deeming it satisfactory will issue a certificate of release to the authorities of the Kuje Prison.
“Pending the fulfilment of these eight conditions, the accused is to be further remanded in Kuje prison and produced to court on February 2, 7 and 14 for trial.”
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