A Chief Magistrate Court sitting in Abuja, will today, determine the merit of a bail application that was tendered before it by Senator Mohammed Ali Ndume who is facing trial over his alleged complicity in sponsorship of the dreaded Islamic Boko Haram sect.
The embattled lawmaker who is representing Borno South Senatorial District, has already spent thirteen days in the custody of the States Security Services, SSS.
Presiding Magistrate Oyebola Oyewumi had on November 22, remanded him in custody, shortly after he pleaded not guilty to a 2-count criminal charge preferred against him and a self confessed spokesman of the Boko Haram sect, Ali Sanda Umar Konduga (a.ka Al-Zawahiri).
Specifically, the SSS which is prosecuting him, alleged that he breached public trust
by disclosing classified information to the sect, adding that he was the brain behind threat massages that were sent to top public officers in the country, including the Attorney General of the Federation.
The security agency had in a First Information Report, FIR, it entered before the court, insisted that, “on diverse dates between September 15 and November 3, at Abuja and Maiduguri in Borno state, Mohammed Ali Ndume and Ali Sanda Umar Konduga (a.ka Al-Zawahiri) spokesman of the Boko Haram sect, did conspire to commit felony to wit: breach of official trust in that Mohammed Ali Ndume, disclosed classified information to persons to whom he ought not in the public interest to so disclose.”
It further alleged that the accused persons, “did intimidate by anonymous communication, some senior public officials including the Attorney General of the Federation, and thereby committed an offence contrary to section 79, 98 and 398 of the Penal Code and punishable under section 99(b) and 398 of the same code.”
Though Ndume blatantly denied his alleged conviviality with the sect, however, the 2nd accused person, Konduga, on the day they were arraigned, admitted guilt and prayed the lower court for leniency, saying he has repented of his evil deeds.
Konduga who addressed the court through an interpreter, maintained that whilst he acted as the spokesman of the sect, the 1st accused, Ndume, not only furnished them with
classified information, but also gave them the phone numbers of highly placed persons who he said they often called or atimes, sent threat text messages to.
He confessed that the last batch of text messages he sent to government officials in his capacity as the Boko Haram spokesman before he was subsequently stripped off the rank over suspicion that he was double-crossing the sect, included threat messages to the Governors of Niger and Nasarawa states, to former Minister of Works, Sanusi Daggash, to the chairman of the Borno state election tribunal, Justice Sabo and to one Ambassador Dalhatu Tafida.
Sequel to his confession, presiding Magistrate Oyewumi, convicted Konduga on all the 2-count charge against him, even though she deferred sentencing him till the final determination of the charge against the 1st accused person, Ndume.
Meanwhile, before the substantive matter was adjourned till tomorrow for full-blown trial, Senator Ndume, through his counsel, Mr. C.I Nnaemeka, had pleaded the court to release him on bail pending hearing on the matter, stressing that he was suffering from prostrate disease and needed regular medical attention.
He had implored the trial court to take cognisance of the fact that he is still a serving Senator of the Federal Republic of Nigeria, bemoaning that, “the way they invited me on Monday, (November 21), I didn’t have the slightest hint that I was going to spend a night in detention.
Though his oral bail application was refused, however, the lawmaker, on Thursday last week, re-approached the court with a formal motion for bail.
In the written bail application which was argued by both his counsel and counsel to the SSS, on Thursday, Ndume urged the lower court to reconsider its earlier ruling and order his release from detention, contending that his continued stay in the custody of the SSS amounts to an abuse of his fundamental human right to freedom of movement and fair hearing as enshrined in section 36 of the 1999 constitution, as amended.
He begged the court to note that the alleged offence for which he was charged is a bailable one under the constitution, adding that under the law, he ought to be presumed innocent until his culpability is proved.
Ndume further argued that as a senator of the Federal Republic of Nigeria, it would be absurd for anyone to contemplate that he could jump bail if allowed on bail.
Meantime, in a swift reaction, the SSS filed a counter-affidavit in opposition to his bail request. Counsel the security agency, Mr. Clifford Osagie, who raised the objections, maintained that allowing Ndume out of the sight of the security agency at this stage of the trial will jeopardize ongoing investigation into other related roles the accused person allegedly played towards encouraging the uncanny activities of the sect especially in his home state, Borno.
Following arguments from both sides, trial Chief Magistrate, Oyewumi adjourned ruling on the matter till today even as trial is expected to commence on the case tomorrow. If convicted, the offence for which the two accused persons were charged carries a maximum penalty of nine years imprisonment.
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