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Saturday, June 16, 2012
SENATOR NDUME
Boko Haram: Ndume Loses Bid To Stop Trial
A Federal High Court sitting in Abuja, has dismissed the application filed by embattled Mohammed Aliyu Ndume seeking to quash the four-count terrorist charge filed against him by the Federal Government.
Ruling on the application, 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 from the document before it, it was obvious that the accused person was a member of the Presidential Committee on Security for the North East Zone, adding that it was the committee that provided the accused person the leverage to establish contact or connection with the Boko Haram sect.
He, 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that Ndume was arraigned before the court on December 12, 2011, a week after the charge before the Chief Magistrate was withdrawn.
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 charg-ed.
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