13th December, 2012
The State Security Service (SSS) told the Federal High Court on Wednesday in Abuja that Senator Ali Ndume’s call log, showed that he communicated with Mohammed Konduga (a convict) 73 times, in a month.
Ndume (PDP-Borno), is standing trial for alleged link with the dreaded Boko Haram Sect.
The News Agency of Nigeria (NAN) reports that Konduga, who was alleged to be a former spokesman of the sect, is currently serving a three-year jail term, after he pleaded guilty to the charges filed by the SSS.
Ndume had insisted that his link with the group was necessitated by his membership of the Presidential Committee to restore peace in the troubled North East of the country.
At the resumed hearing of the case, Mr Aliyu Usman, a forensic expert with the SSS, while giving evidence said the history of the communication contacts was contained in the two moblie telephones obtained from Ndume and Konduga.
Usman said the communication between the two persons took place between 3 October, 2011 and 3 November, 2011, adding that they were inform of SMS and voices.
He said the data extracted from the two mobile phones were subjected to forensic analysis, adding that the results were stored in three copies of DVDs.
Usman said the two mobile phones used MTN mobile network providers’ lines,adding that the details of the communication were obtained from the network.
When the prosecution counsel, Mr Thompson Olatigbe sought to tender the three DVDs as evidence, Mr Rickey Tarfa (SAN), counsel to Ndume objected to it.
Tarfa argued that the items being secondary evidence should have been accompanied by a statement.
He submitted that the items did not qualify to be admitted, and that the move was a violation of the Evidence Act.
Tarfa said the evidence neither carried the signature of the witness nor any form of identification to show its originality.
He further submitted that the evidence sought to be tendered lacked the description of the maker and certification to show its source.
Arguing on a point of law, Olatigbe said the items were secondary materials, and that the two mobile telephones already admitted in evidence were the primary evidence.
He said the court should discountenance the argument of the counsel to the accused person on the grounds that the court was obliged to accept any evidence that could help it do justice to a case.
He further submitted that not all materials that emanated from a public officer must be certified, adding that materials that were not made for public consumption were exempted.
Justice Gabriel Kolawole reserved 14 December to rule on the objection.