Terrorism: FG can file fresh evidence against Ndume – Court

Ameh Ejekwonyilo

Justice Gabriel Kolawole of the Federal High Court, Abuja, yesterday, granted an application by the federal government to call two additional witnesses against Senator Aliyu Ndume, who is facing charges of sponsoring the Boko Haram sect.
The proposed witnesses according to the federal government are MTN and a forensic expert. Three prosecution witnesses had already testified in the case.

Justice Kolawole, after dismissing Ndume’s opposition to the prosecution’s application, gave the federal government seven days to file its additional proof of evidence and serve same on the defence.
He held that the ruling of the Court of Appeal, Abuja Division, delivered by Justice Amiru Sanusi on December 17, 2013, was not related to Exhibits P5 and P5A for which purpose the prosecution sought to call the additional witnesses.
He also held that the ruling of the Court of Appeal only related to Exhibits P7, P8, P8A and P8B, which the accused person had appealed against its admission in evidence.

Konduga (aka Al Zawahiri), who had been convicted of terror charges, was said to be a former spokesman for Boko Haram.
Ndume had also urged the court to refuse the prosecution’s application because it constituted an abuse of court process because the additional proof of evidence sought to be filed by the prosecution was baseless.
But the court, upheld submissions of the federal government’s counsel, E.A. Orji, to the effect that the prosecution was not bound by law to file proof of evidence in a criminal trial at the Federal High Court.
“The court cannot exert on the prosecution what is not imposed by law,” the court ruled.
The matter was then fixed for June 30, July 1 and 9, for continuation of trial.
Ndume was arraigned on four counts of terrorism after he was implicated by Konduga, who had since been convicted and sentenced.