The Federal Government yesterday charged Senator Mohammed Ali Ndume with four counts of concealing information on attacks being planned by the Boko Haram sect, offenses which attract up to 20 years imprisonment under the Anti-Terrorism Act. �
Ndume was arraigned before Justice Gabriel Kolawole at the Federal High Court in Abuja.�
According to the charge sheet, Ndume received information on or about October 4 from convicted Boko Haram spokesman Ali Sanda Umar Konduga (alias Al-Zawahiri) regarding planned attacks on judges of the Borno State election tribunal and the National Assembly, but failed to disclose the information to a law enforcement officer as soon as reasonably practicable.
The offence is contrary to Section 7(1) (b) of the Terrorism Prevention Act 2011, and attracts a 15-year jail term.
Ndume is also accused of providing telephone numbers of certain public officers, including the Attorney General of the Federation Mohammed Bello Adoke, on or about October 4, to Konduga for the purpose of communicating terrorist messages to the said persons. The offence attracts a 20-year jail term under the anti-terrorism law.
Ndume is alleged to have been in possession of Konduga?s mobile phone number but failed to disclose it to a law officer as soon as reasonably practicable, knowing that it will be of material assistance in arresting Konduga, contrary to Section 7(1) (b) of the Terrorism Prevention Act 2011, and punishable with 10 years in jail.
Ndume pleaded not guilty to all four counts.
Prosecuting counsel Olufumilayo Fatunde asked for an adjournment to enable prosecution file additional proof of evidence in support of the charges. She said evidence was still being collected. She also asked that Ndume be returned to custody of the State Security Services (SSS).
Counsel to Ndume, Rickey Tarfa (SAN), prayed to the court to take the bail application he filed on behalf of his client on December 5, but Fatunde said the application was served on prosecution prematurely as the case was yet to be assigned when service was effected on them. Also, she said prosecution will need five days to file a written address in support of the counter affidavit it filed yesterday opposing Ndume?s bail application.
She added that Section 45 of the Constitution allows for the case to go on except for when the prosecution is found to be delaying. But Tarfa argued that the same section of the constitution states that a person is meant to be charged to court within a day or two of being taken into custody, but his client has been in SSS custody since November 21.
Justice Kolawole said the case was only assigned to him December 9 and whatever happened before then occurred in another domain, as such he will oblige prosecution with 72 hours to file and serve their written address and for defence to file reply within 24 hours thereafter.
Tarfa applied that Ndume be given unhindered access to his counsel and immediate family members who are saddled with the responsibility of taking his medication to him.
Justice Kolawole adjourned till December 16 to take the bail application. He also ordered that Ndume be remanded on an interim basis in custody of the SSS, but said he cannot make an order for unhindered access to him since the SSS has its rules and regulations. He ordered that Ndume be given reasonable access to his counsel and immediate family members.
Kolawole said the state should take appropriate steps for moving Ndume to Kuje Prison in the event that his bail application cannot be completed on December 16.
Ndume was first arraigned before an Abuja Chief Magistrate?s court on a two-count charge of passing classified information to an unauthorised person and of criminal intimidation. He pleaded not guilty. But his case was withdrawn from the magistrates court and new charges were filed at the Abuja Federal High Court.
He was charged alongside Konduga, a former spokesman for the Boko Haram sect, who was sentenced on December 6 to three years in prison, after he pleaded guilty on November 22 to charges of criminal intimidation.
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