Senator Mohammed Ali Ndume
Senator Mohammed Ali Ndume Thursday asked a Federal High Court in Abuja to stay proceedings in his terrorism charge trial pending the appeal he filed challenging the decision of the court to admit in evidence certain documents tendered by prosecution.
Ndume is standing trial on terrorism-related charges before the court.
Yesterday was slated for the continuation of trial but Ndume’s counsel, Olusegun Jolawo, informed the court that his client had filed an appeal against the court’s ruling of December 11 and 14 which admitted in evidence a DVD’s containing call data records as well as findings of investigations carried out by a Special Investigation Panel (SIP) of the State Security Service (SSS).
Prosecuting counsel, Mr. Thompson Olatigbe said he had been served with the notice of appeal but urged the court to proceed with cross examining his witness since the motion for stay was not ripe for hearing.
Moreover, he said the notice of appeal was yet to be served on him with the motion for stay.
Adjourning till February 19 to hear the application, Justice Gabriel Kolawole, said he was rather hesitant to insist that cross examination of the prosecution witness should continue.
He directed the prosecution to within five days file his reply to the application while the applicant should within three days after the prosecution’s reply, file a reply (if necessary) on points of law.
Recall that a prosecution witness had told the court that there were 73 communications between a Nokia E7 which allegedly belongs to Ndume and the convicted spokesperson of the Boko Haram sect, Ali Sanda Umar Konduga, who allegedly owned the Nokia 2700 that was tendered in evidence alongside the Nokia E7.
The witness, Aliyu Usman, a forensic examiner attached to the SSS, had told the court that in the cause of analysing the mobile phones given to him by the chairman of the SIP, James Ene Izi, it was discovered that the duo had exchanged text messages, multi media messages and placed voice calls between October 3, 2011 and November 3, 2011.
He, however, 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 allegedly belongs to Ndume.
On December 11, Usman told the court that the last four digits were 3050 but on December 14 he confirmed the last four digits as 3055.