- Published on Saturday, 16 June 2012 12:02
- Written by Palmer Ogheneyole Nathaniel
Embattled Sen. Mohammed Aliyu Ndume yesterday failed in his bid to stop the Court from proceeding with his trial. Ndume who is currently standing trial on four-count terrorist charge against him by the Federal Government at the Federal High Court in Abuja, had filed an application filed seeking to quash the charges.
In his ruling, Justice Gabriel Kolawole held that the accused has a case to answer as there was no dispute that Ndume had link with at least a member of the Boko Haram, one Umaru Konduga Ali, who is currently serving three years imprisonment for same offence.
The court further held that it have been proven beyond reasonable doubts that the accused person who was a member of the Presidential Committee on Security for the North East Zone have links with the Boko Haram Sect owing to the water tight evidence at its disposal adding that it was the committee that provided the accused person the leverage to establish contact or connection with the Boko Haram sect.
The Judge however, noted that “it is not a good reason for probable defence. It is not a legal basis to quash the charge.” On the argument by the applicant that the charges were an abuse of court process, the judge held that “Ndume was arraigned before the court on December 12, 2011.
A week after the charge before the Chief Magistrate was withdrawn, adding that, “in any case, even if the charge before the Chief Magistrate were to be alive, the charge before the Federal High Court cannot be said to be an abuse of processes, because it has exclusive jurisdiction to handle terrorist charges.” The court also disagreed with the applicant’s argument that it lacks jurisdiction because procedure has not been followed. Justice Kolawole held that “No law that said terrorist group must be proscribed before any of its members can be charged.” He said.