Justice Gabriel Kolawole of the Federal High Court, Abuja, yesterday threatened to strike out suit brought by the federal government against Senator Ali Mohammed Ndume for want of diligent prosecution.
The trial of Senator Ndume, who was charged for allegedly sponsoring the outlawed Boko Haram sect, was stalled yesterday as the prosecution failed to produce its witness in court.
The prosecution was expected to call its witness yesterday in continuation of trial in the case after the matter was adjourned on April 29 this year.
At the resumed hearing yesterday, the prosecution witness was to give evidence based on the call data and other inputs on mobile phones tendered as exhibits before the court.
However, the prosecution counsel, Mrs. G. N. Okafor informed the court that its “expert witness” had taken ill and was unable to be in court.
As a result, she sought for an adjournment for her to produce the witness at the next adjourned date.
Reacting to the prosecution’s application for an adjournment, the defence counsel, Chief Rickey Tarfa (SAN) expressed displeasure at the request and left the application at the court’s discretion.
Delivering a bench ruling on counsels’ submissions, Justice Kolawole aligned with Tarfa’s position.
He said: “The opportunity for today’s (yesterday) proceedings was dashed because the prosecution suddenly took ill and is unable to come to court.
“Because there is no medical report produced to support the claim, I found the excuse of ill-health almost inprobable.
“But I have already indicated that I will oblige the prosecution the adjournment sought,” he said.
The matter was adjourned till July 2 this year for continuation of trail.
Ndume, a serving senator from Borno State, is charged with terrorism related offences before the Federal High Court in Abuja.
He was arraigned before Justice Kolawole on December 12, 2013, on a four-count charge by the Department of State Services, DSS.


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