Court Frees Senator Ali Ndume of Terrorism Charges.
Senator Ali Ndume, the Senator representing Borno South Senatorial District, has been discharged of the four count terrorism charges preferred against him by the Nigerian Government since November 2011.
Ndume was set free by Justice Gabriel Kolawole of the Federal High Court in Abuja on the ground that no prima facie case was established against the federal lawmaker in the terrorism charge.
Delivering ruling in the no-case submission argued by Mr. Rickey Tarfa (SAN) on behalf of Ndume, Justice Kolawole held that the prosecution failed in all fronts to link the defendant with the alleged heinous crime of hoarding information on terrorism activities and sponsorship the Boko Haram Islamic sect.
He said none of the witnesses called by the prosecution gave valuable evidence upon which the defendant could have been linked with the crime.
The Judge noted that it is a settled law that where doubts arise in a criminal trial, such doubts must be resolved in favour of the defendant.
“What is more, the defendant in this matter admitted having contact with the Boko Haram sect but that he did so as a result of his appointment as a member of the Presidential Committee on Security challenges in the North Eastern part of the country.
“In the same vein, the defendant in the three different statements he made to the DSS upon his arrest made it clear that he volunteered the information on his contact with the terrorism group to the director of the State Security Service in the National Assembly and also to the Vice President for their information.
He said none of the witnesses called by the prosecution gave valuable evidence upon which the defendant could have been linked with the crime.
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The Judge further said that it is a settled law that where doubts arise in a criminal trial, such doubts must be resolved in favour of the defendant.
“What is more, the defendant in this matter admitted having contact with the Boko Haram sect but that he did so as a result of his appointment as a member of the Presidential Committee on Security challenges in the North Eastern part of the country.
“In the same vein, the defendant in the three different statements he made to the DSS upon his arrest made it clear that he volunteered the information on his contact with the terrorism group to the director of the State Security Service in the National Assembly and also to the Vice President for their information.
“It is worrisome that despite the fact that the defendant mentioned names of those he volunteered information to, the prosecution never considered it necessary to call any of the named people to confirm the claim of the defendant, this to me left a big gap in the case of the prosecution”, he added.
Justice Kolawole therefore struck out the four count charges and as well discharge Senator Ndume from the alleged crime.
The Judge also ordered that the traveling passport the defendant submitted to the Deputy Director Litigation of the Court as part of the bail conditions should be forthwith released to him.
Recall that the Federal Government had, in 2011 arraigned Ndume on the four count criminal charge of hoarding information in respect of his contact with the Boko Haram sect and for also allegedly sponsoring terrorism act in the North Eastern part of the country.
However, at the close of the prosecution’s case, Ndume, through his counsel, Ricky Tarfa (SAN) on June 6, 2017 made a no case submission and prayed the court to set him free from the criminal charges against him on the ground that he was not in any way linked with the crime.
END