Court sends Ndume to prison
Yesterday however, Ndume’s Counsel, Rickey Tarfa (SAN), prayed to the court to allow his client remain in custody of the State Security Services (SSS) pending the determination of the application, particularly as the constitution is not against it and the prosecution did not object. But Justice Kolawole said doing so will not be in consonance […]
Yesterday however, Ndume’s Counsel, Rickey Tarfa (SAN), prayed to the court to allow his client remain in custody of the State Security Services (SSS) pending the determination of the application, particularly as the constitution is not against it and the prosecution did not object.
But Justice Kolawole said doing so will not be in consonance with his judicial oath. He said he is reluctant in a criminal matter to remand an accused person in custody of his accusers. Moreover, he said the law by which the SSS was established never intended for it to be a remand facility for persons awaiting trial. Tarfa had earlier prayed to the court to grant his client bail on self recognition.
He asked the court to take into cognisance the special circumstances surrounding the application, Ndume’s medical condition and the fact that his constitutional right had been violated by the state having kept him in custody without charging him for more than the two days stipulated, and grant him bail. He said prosecution had itself conceded in its address that Ndume is on a special diet and medication and that the offense for which he is being charged is a bailable one.
He similarly said being a serving Senator and based on the fact that the circumstances surrounding the charges are borne out of his involvement in certain matters at the National Assembly, there is enough deposition to show that Ndume will be available to stand trial.
Tarfa said there is no way Ndume can interfere with prosecution witnesses if granted bail, because only one witness was named in the proof of evidence(Ali Sanda Umar Konduga) and the said witness is in custody of the SSS. Prosecuting counsel Olufumilayo Fatunde however told the court that granting Ndume bail will be premature at this stage and that prosecution will rather apply for accelerated hearing since it is ready to proceed with the case.
Ndume was on Monday arraigned on four counts of concealing information on attacks being planned by the Boko Haram sect, offenses which attract up to 20 years imprisonment under the Anti-Terrorism Act. He is alleged to have received information on or about October 4 from convicted Boko Haram spokesman Ali Sanda Umar Konduga (alias Al-Zawahiri) regarding planned attacks on judges of the Borno State election tribunal and the National Assembly, but failed to disclose the information to a law enforcement officer as soon as reasonably practicable.
The offence is contrary to Section 7(1) (b) of the Terrorism Prevention Act 2011, and attracts a 15-year jail term. Ndume is also accused of providing telephone numbers of certain public officers, including the Attorney General of the Federation Mohammed Bello Adoke, on or about October 4, to Konduga for the purpose of communicating terrorist messages to the said persons. The offence attracts a 20-year jail term under the anti-terrorism law.
Ndume is alleged to have been in possession of Konduga’s mobile phone number but failed to disclose it to a law officer as soon as reasonably practicable, knowing that it will be of material assistance in arresting Konduga, contrary to Section 7(1) (b) of the Terrorism Prevention Act 2011, and punishable with 10 years in jail. Ndume pleaded not guilty to all four counts. Meanwhile, the court has slated January 2, 7 and 14 2011 for trial.