The Federal High Court in Abuja on Tuesday discharged former Senate Leader, Alhaji Ali Ndume, over allegation of links with the dreaded Boko Haram Islamist sect.
Ndume was charged to court on May 30, 2011 on a four-count charge for alleg­edly sponsoring the Boko Haram sect, an offence the Federal Government said contravened Sections 3(b), 4(1) (a) and 7(1) (b) of the Terrorism Prevention Act 2011.
He took plea on Decem­ber 4, 2011, where he plead­ed not guilty.
In a ruling on a no-case-submission filed by Ndume in which he questioned his prosecution, the trial judge, Justice Kolawole said the Federal Government failed to prove its case against the defendant.
Justice Kolawole held that in accordance with the provisions of Section 135 of the Evidence Act 2011, the burden of proof lied on the prosecution to discharge, which it failed to do.
He said Ndume was not required under the law to put evidence, where there is disjointed and shreds of doubts in the evidence of the witnesses.
“Doubts by law must be resolved in favour of the de­fendant, the court said.
The court said it was at a loss as to why the prosecu­tion did not deem it neces­sary to invite the then Vice President Namadi Sambo, Director of SSS and other notable Nigerians whom the defendant said he made available the information he got from the Spokesman of the Boko Haram sect, Ali Konduga.
Justice Kolawole further said that from the total­ity of the evidence of the witnesses, the prosecution failed to give ingredients of the charges that would have warranted the Senator to be compelled by the court to enter his defence in indict­ment charge.
He said the evidence of the Information Technology (IT) expert, Dr Peter Olayi­wola did not, in any way help the prosecution because the content of the phone of one Boko Haram Spokesperson, Aliyu Konduga used to com­municate with the defendant only revealed text messages on greetings when analysed by the expert.