A Federal High Court in Abuja on Tuesday struck out the terrorism charges instituted against a former Leader of the Senate, Senator Ali Ndume, in 2011.
Justice Gabriel Kolawole, in his judgment, upheld Ndume’s no-case submission on the grounds that the prosecution was unable to establish any prima facie case against him.
The judge held that the prosecution failed to lead any evidence to prove any of the ingredients of the four counts as stipulated in the Terrorism (Prevention) Act 2011.
Justice Kolawole said the prosecution failed to link the senator to the activities of Boko Haram as alleged.
“When I read the evidence led by the prosecution witnesses, I did not seen any piece of evidence by which the defendant was linked to any fact that suggests that the defendant gave support to the members of Boko Haram or to aid their logistics by providing them with equipment or facilities for their activities of terror,” the judge held.
In striking out the case, Justice Kolawole ruled, “The four counts are therefore struck out and the defendant is discharged.”
The judge then ordered that the standard and diplomatic passports seized from Ndume should be released to him immediately.
The Federal Government had, through the Office of the Attorney-General of the Federation, filed the charges dated November 30, 2011 against the senator currently representing the Borno-South senatorial district.
Ndume was on December 12, 2011 arraigned on four counts of terrorism under the Terrorism (Prevention) Act, 2011.
The prosecution had alleged a link between Ndume and a suspected member of Boko Haram, Ali Konduga, who had since been convicted and sentenced for terrorism charges.
Ndume was accused of, among other offences, sponsoring the Boko Haram sect, and providing logistics support to the violent sect.
He was also accused of providing to the sect the phone numbers of top public officers, including the then AGF, for the purpose of sending terrorism messages to them.
He was also accused of failing to disclose the information about the sect alleged to be in his (Ndume’s) possession to law officers and law enforcement agencies within the shortest practicable time.
Ndume had pleaded not guilty to all the four counts when he was arraigned on December 12, 2011.
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