An Abuja Federal High Court on Monday granted the
Federal Government’s request for an adjournment to enable it file the proof of
evidence of further witnesses in the trial of a serving Senator, Aliyu Ndume,
who is accused of sponsoring Islamic sect, Boko Haram.
In the initial proof of evidence it filed in the
matter, the Federal Government, which is prosecuting the Senator, had listed
only two witnesses in items one and two, but also made provision for further
witnesses in item three.
However, when the trial continued on Monday, the
prosecution’s attempt to activate Item three by calling a third witness was
opposed by the defence counsel, which protested that it was not served with the
witness’s proof of evidence beforehand, as was customary in trials.
The witness, Mr. Aliyu Usman, designated as
‘Prosecution Witness 3’, had already been sworn to oath when Ndume’s counsel,
Chief Rickey Terfa, SAN, raised objections to the court taking evidence from
the witness, saying that the prosecution did not serve him with the witness’s
proof of evidence.
But the prosecution counsel, Mr. Thompson
Olatigbe, told the court that it had filed the proof of evidence of PW3.
Olatigbe pointed out that Item 3 in the initial
proof of evidence against Ndume “covers any other witness it intends to call”
in the course of the trial
Following the objections that trailed its move to
call on PW 3 on the basis of ‘Item 3’, the prosecution asked for an adjournment
to enable it to regularise and file the proof of evidence of PW 3 and any other
witnesses it intended to call in the trial.
The prosecution prayed the court to give it 14
days to undertake the exercise.
Ruling on the application, Kolawole noted that
defence counsel would have a strong case if it asked the court to dismiss the
charges against the Senator on the grounds of shoddy prosecution by the
prosecution counsel.
But he noted that the court would also not want
to give victory to Ndume on technical grounds, especially after considering his
standing in the society.
Kolawole said, “I am amazed that the prosecution
counsel can even think of calling witnesses under such a universal title (Item
3).
“When I look at the history of this case since
inception, it seems like the court is dragging the prosecution to prosecute its
case.
“It is better that nothing is done to indicate
that the accused persons, due to his exalted position in the society as a
Senator, is handed a technical victory.
Kolawole therefore adjourned the matter to
December 11 and 12, 2012, for continuation of trial.
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