By Sunday Ejike Benjamin
The Abuja Division of the Court of Appeal yesterday slated October 2, 2013 for the adoption of addresses in the appeal brought before it by Senator Mohammed Ali Ndume asking it to stay proceedings in the trial of terrorism charges preferred against him by the Federal Government. Ndume is standing trial before a Federal High Court in Abuja over his alleged involvement with the Boko Haram Islamic sect.
The senator, in his appeal, wants the appellate Court to overturn the ruling of the trial court, which admitted as evidence, alleged call logs from GSM providers, which indicated that the he had telephone conversation with convicted spokesman of the Boko Haram sect, Ali Umar Konduga. He asked the appellate court to invalidate the admitted evidence on the ground that the trial Judge, Justice Gabriel Kolawole erred in law when he admitted non admissible documents, which the senator described as radical and fundamental against him.
However, his motion for stay of proceedings could not be entertained the three-member panel of the Appeal Court headed by Justice Dauda Yahaya following the objection by the prosecution counsel, Mr. Thompson Olatigbe on behalf of the federal government.
Consequenty, the court ordered both parties to file their written addresses and exchange same between now and October 2, 2013when they will be formally adopted.
It would be recalled that Justice Kolawole had on December 11 and 14, 2012 admitted in evidence certain DVDs containing call-data records, including findings based on investigations carried out by a Special Investigation Panel, SIP, of the State Security Service, SSS.
The SSS operatives who investigated that case, told the trial court that there were 73 communications between Ndume and the convicted spokesman of the Boko Haram sect, Ali Umar Konduga.
A Nokia E7 phone allegedly belonging to Ndume, was said to have been used in communicating with Konduga, whose phone identity was given as Nokia 2700.
The prosecution counsel, Olufunmilayo O. Fatunde said that Ndume's action ran contrary to Section 7 (1) (b) of the Terrorism (Prevention) Act, 2011 and punishable under Section 7 (1) of the same Act.
The prosecutor further said that the accused on or before Oct. 4, 2011, between Maiduguri and Abuja, received information from Konduga regarding a planned attack on Judges of the Borno State Election Tribunal.
She said that Ndume violated Section 7 (1) (b) of the Terrorism (Prevention) Act by hoarding the information from law enforcement officers.
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Terrorism is never a friend to any country whatsoever, They have to always get to the bottom of the matter to be on the safe's side.