Senator
Mohammed Ali Ndume yesterday, asked a Federal High Court sitting in Abuja, to
stay proceedings on charges of terrorism preferred against him by the Federal
Government.
The lawmaker’s application was sequel to an appeal he filed
challenging the court to admit in evidence some documents tendered by
prosecution at the last proceeding.
Although, trial judge, Justice Gabriel Kolawole, had adjourned
for continuation of hearing yesterday, counsel to the accused, A. O. Jolawo,
informed the court that he had a pending appeal before the Abuja Division of
the Court of Appeal, against the December 11 and 14 rulings.
On the said dates, Justice Kolawole had 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. Responding to the motion for stay, prosecuting counsel,
Mr. Thompson Olatigbe, confirmed service of the notice of appeal.
He, however, prayed the court to go ahead with the cross-
examination of prosecuting witness, more so that the motion for stay was not
ripe for hearing. Consequently, Kolawole adjourned the case to February 19, to
hear the application.
This is even as he was hesitant to grant prosecution’s request
for continuation of cross-examination.
The judge, nonetheless, directed prosecution to file reply
within five days, while ordering defense to, within three days of service,
reply on points of law.
The SSS had earlier told the 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.
During cross examination, a Forensic Examiner attached to the
SSS, Aliyu Usman, had testified that, while carrying out analysis of the mobile
phones given to him by the Chairman of the SIP, James Ene Izi, it was
discovered that the duo had variously exchanged Short Message Service, SMS,
multi-media messages and placed voice calls between October 3, 2011 and
November 3, 2011.
He further gave two different International Mobile Equipment
Identity, IMEI, on December 11 and 14, when he read out the last four digits of
the IMEI for the Nokia E7 which he insisted, belongs to Ndume.
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