The call logs and SMS messages tagged “primary evidence” weretendered by a Prosecution Witness in the ongoing trial of Senator Ndume, for allegedly sponsoring terrorism and same was admitted by Justice Gabriel Kolawole.
The witness told the court that the call logs and text messages were obtained from two telephones belonging to Senator Ndume and Konduga and were processed by a forensic examiner from the department of the State Security Service (SSS), Mr Aliu Usman.
Counsel to the embattled Senator Ndume, Rickey Tarfa (SAN), vehemently prayed the court not to admit the documentary evidence against his client.
His ground of objection was that the SSS operative who prepared the documentary evidence as a forensic examiner from SSS, did not disclose his qualification to court, to determine his status
He argued that the failure of the expert to back up his claim with requisite qualification as demanded by law, was fatal to admissibility of the documentary evidence.
Besides, Tarfa argued that the telephone conversations and the SMS messages documented in a bounded report were not certified as required by section 102 of the Evidence Act.
He further argued that before such a document from a public officer could be admitted in evidence by a law court, it must be certified by the appropriate authority.
He, therefore, asked Justice Kolawole to throw out the document, for not being admissible in law.
Prosecution Counsel, Thompson Olatigbe, however, asked the court to dismiss the objection on the ground that it was prepared by the witness and signed as his own report of the forensic examination carried out on the telephones of Senator Ndume and Konduga.
He told the court that the SSS operative, had earlier introduced himself as a forensic examiner and would not have been employed by SSS if he was not qualified.
In his ruling, Justice Kolawole agreed that the failure of the SSS operative to establish his qualification was fatal to the case of the prosecution.
The court, however, agreed that the document did not fall among the public documents that must be certified before it can be admitted in law.
The Judge also held that the witness never claimed that he generated the contents of the report from computer as claimed by the defence lawyer.
The court said that probate value to be attached to the report would be determined in the course of trial since the witness did not disclose his qualification.
Further hearing continues today.
Meanwhile, PRESIDENT Goodluck Jonathan, on Tuesday, solicited the support of the United States (US) government to end the security challenges facing the country, especially the Boko Haram insurgency.
He made the call while speaking to Commander of the United States’ Africa Command (AFRICOM), General Carter Ham, who paid a visit to the State House.
The president said Nigeria was facing various security challenges, which include policing the nation’s extensive maritime borders, crude oil theft and kidnapping, this, apart from the Boko Haram insurgency and called on the US government to support the Federal Government’s efforts to find lasting solutions to these problems.
President Jonathan also briefed General Ham, who was in the country to present a paper at the National Defence College, Abuja, on his visit to Mali and the efforts by th Economic Community of West African States (ECOWAS) to resolve the conflict in that country, adding that the situation could still be contained if the right steps were taken.
He commended the US government for its role in global peace and security, while he congratulated President Barrack Obama on his re-election.
Earlier, the Commander of AFRICOM, said he used the opportunity to present a paper at the National Defence College to hold talks with security agencies on ways to strengthen the partnership between Nigerian and American forces.
He said the US government was ready to cooperate with Nigeria in areas such as maritime security, communications, development of civil-military capabilities, and resolution of the conflict in Mali.
General Ham commended the Nigeria’s Defence College for the harmonious working relationship between military personnel and civilians with participants from neighbouring countries on security issues.
Tribune
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