…Ex-VP Sambo was aware of my contact with the sect, Ndume insists

By Ikechukwu Nnochiri

ABUJA-The Abuja Division of the Federal High Court, on Tuesday, slated July 4 to determine whether or not Senator Mohammed Ali Ndume should be compelled to enter his defence to a four-count terrorism charge the Federal Government preferred against him.

Sen. Ndume

Justice Gabriel Kolawole fixed the date on a day FG, through the Directorate of Public Prosecution, insisted that Ndume who is representing Borno South Federal Constituency, sponsored activities of the Boko Haram sect.

FG, through a Chief State Counsel, Mrs. G. N. Okafor, told the court that it garnered sufficient evidence that linked Ndume to the terrorist sect.

“The charge against the defendant has to do with the fact that he rendered support to a terrorist group, the Boko Haram sect.

“The prosecution has tendered in evidence exhibits P1- P3, which were statements the defendant made by himself.

“My lord these statements by the defendant connects him with the charge levelled against him”, Okafor submitted.

Ndume had through his lawyer, Mr. Rickey Tarfa, SAN, contended that totality of evidence FG tendered against him were not sufficient to warrant the court to compel him to enter his defence to the charge dated November 30, 2011.

He therefore prayed the court to uphold a no-case-submission he filed in respect of the terrorism charge against him.

Ndume told the court that he actually made contacts with members of the Boko Haram sect, saying he made that fact known to the former Vice President, Namadi Sambo.

“My lord, from totality of the evidence, the defendant having contact with the Boko Haram sect came about when he was acting on behalf of the government.

“He was head of the Presidential team that was set up to look into the security challenges in the North East.

“Part of ingredients of the charge was that the defendant failed to disclose information concerning activities of the sect to appropriate authorities.

“However my lord, we have demonstrated that the defendant, as a responsible citizen, did everything possible to bring peace and security in the country.

“He also brought every fact at this disposal, which formed the crux of this charge, to the second highest political office holder in the country”, Tarfa, SAN, argued.

Placing reliance on section 302 and 303(1) of the Administration of Criminal Justice Act, ACJA, Ndume’s lawyer urged the court to grant the no-case-submission and discharge his client from the charge.

However, FG vehemently opposed the application, maintaining that Ndume has a case to answer.

“My lord the defendant has even corroborated the allegation that there was indeed a communication between him and the Boko Haram sect.

“He also corroborated allegation by the prosecution, by claiming that such communication existed because he was a member of Presidential Committee on Security Matters, generally on the North East.

“It is submission of the prosecution that this defendant was not the only member of that Committee.

“The volume of information found on the defendant was so revealing”, government lawyer stated.

FG added that the charge and evidence adduced before the court raised enough questions that required answers from the defendant.

“Most of the prosecution witnesses had one way or the other linked the defendant to the charge.

“We rely on section 396(2) of the ACJA to urge this court to call the defendant to provide answers to charges against him.

“The evidence laid has established a prima-facie case against the defendant. It is even in his interest that this case be heard on its merit”, FG told the cour.

The prosecution closed its case after it called a total of nine witnesses and tendered five exhibits before the court.

It will be recalled Ndume was docked before the high court on December 12, 2011, while his trial commenced on July 3, 2012.

FG alleged that he was the one that hitherto furnished the Boko Haram sect with information that aided their terrorist operations in Nigeria.

He was among other things, alleged to have furnished them with the telephone numbers of top government officials and Judges, among which included the phone number of the then Attorney General of the Federation.

The sect was said to have called some of those whose numbers were given to them and threatened to visit them with ‘fire and brimstone’.

FG alleged that though the sect notified the defendant of their intention to attack judges of the Borno State Election Petition Tribunal and the National Assembly, he failed to disclose the information to security agencies, adding that he used an MTN GSM line, 08035998045, to send telephone numbers of certain public officers including the AGF, to the Boko Haram spokesman for the purpose of sending terrorist text messages to them.

The prosecution earlier tendered a proof of evidence that indicated that Ndume made contacts with the Boko Haram sect 73 times.

Though some call logs and three digital video discs (DVDs), containing call-data records, as well as documents containing findings based on investigations carried out by a Special Investigation Panel (SIP) set up by the Department of State Security, DSS, were previously admitted into evidence by the trial court, it was subsequently expunged from the trial record on the order of the Appeal Court in Abuja.

An alleged accomplice of the lawmaker and self confessed spokesman of the sect, Ali Sanda Umar Konduga, was previously jailed for three years after he pleaded guilty to terrorism charges filed against him by the government.

Konduga was said to be the middleman between the sect and Ndume.

A Nokia E7 phone which Ndume allegedly used in communicating with Konduga, as well as another Nokia 2700 that belonged to the convict, were since admitted in evidence by trial Justice Kolawole.