Judge flays FG over delay in Ndume’s terrorism trial

Justice Gabriel Kolawole of a Federal High Court in Abuja on Wednesday frowned at the Federal Government for causing delay in the trial of a serving Senator from Borno State, Ali Ndume.

The prosecution was expected to call its fourth witness in continuation of trial in the case after the matter was adjourned till Wednesday on April 29, 2015.

Prosecuting counsel, Mrs. G.N Okafor, told Justice Kolawole on Wednesday that the witness could not be in court because he took ill.
Justice  Kolawole however noted in a short ruling that the excuse of the witness’ ill health was doubtful as there was no evidence to back the claim.

‎He said in his ruling,  after listening to the prosecuting counsel, “The opportunity for today’s (Wednesday’s) proceedings was dashed because the prosecution suddenly took ill and is unable to come to court.

“Because there is no medical report produced to support the claim, I found the excuse of ill-health almost improbable.

“But I have already indicated that I will oblige the prosecution the adjournment sought.”

‎The prosecution witness expected in court on Wednesday was to testify based on the call data on Ndume’s  mobile phones and telephone line already tendered as exhibits before the court.

However,  Okafor informed the court that the prosecution’s “expert witness” had taken ill and was unable to be present in court.
As a result, she asked for an adjournment to enable her to produce the witness at the next adjourned date.

Reacting to the prosecution’s application for an adjournment, the defence counsel, Rickey Tarfa (SAN), expressed displeasure over the request for an adjournment and urged the judge to exercise his discretion over the issue.

Delivering a bench ruling, Justice Kolawole shared Tarfa’s feeling, adding that he could ask the prosecution to close its case if its witness was absent from court at the next hearing date.

The matter was adjourned till July 2 for continuation of trial.

‎Ndume is on trial for terrorism charges, which include sponsoring the terrorist group, Boko Haram.

He was arraigned on four counts of terrorism charges after he was implicated by a suspected member of the violent sect, Ali Konduga, who had since been convicted and sentenced for terrorism charges.
He was arraigned before Justice Kolawole on December 12, 2013.

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