A Chief Magistrates’ Court sitting in Abuja yesterday ordered Senator Ali Mohammed Ndume to be remanded in the State Security Service (SSS) custody after he pleaded not guilty to a two-count charge bordering on?? breach of official trust for disclosing classified information to a member of? the dreaded Boko Haram? sect and criminal intimidation.
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?Ndume, who was brought to court under sections 79 and 98 of the penal code? and punishable under section 397? of the same law runs? the risk of a seven-year jail term if convicted.
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?Section 397 (b) states that, “whoever commits the offence of criminal intimidation shall be punished if the threat be to cause death or grievous hurt or to cause the destruction of any property by fire or to cause an offence punishable with death or with imprisonment for a term which may extend to seven years or to impute unchastely to a woman, with imprisonment for a term which may extend to seven years or with fine or with both.”?
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Chief Magistrate Oyebola Oyewumi, however, deferred the sentence for Ali Umar Konduga, AKA, Usman Al-Zawahiri after he (Konduga)pleaded guilty to the charge of criminal intimidation and conspiracy. The magistrate also ordered him to be remanded in the SSS custody.
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Oyewumi who summarily convicted Konduga according to section 398 of the Penal Code which? attracts two years imprisonment, said the sentence be deferred in view of his link to Ndume ‘s trial.
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The court however, adjourned to December 6, 2011 to?? hear Ndume’s application for bail and also to commence his trial.??
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Lawyer to SSS, Mr. C. I. Osagie, had slammed a two-count charge on the duo for conspiring to commit felony. Ndume was specifically?? alleged to have breached official trust for disclosing classified information, as well as criminal intimidation while the former Boko Haram spokesman was held for making? anonymous communication? and intimidating some senior officials including the Attorney-General of the Federation (AGF), Mr. Mohammed Bello Adoke(SAN).
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The security operatives said the duo acted contrary to sections 79 and 98 of the Penal Code? and that Ndume would be punished under section 397, as? well as to punish the sect member under section 398 of the penal code.
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Senator Ndume who is representing the southern senatorial district of? Borno State and dressed in white flowing gown, a white cap and black sandal, however, remained sober shortly after the sect member pleaded guilty to charges brought against him.?
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The Chief Magistrate however, ordered SSS to grant Ndume’s lawyer, C. C. Nnaemeka,? an unhindered access to him and also to give him adequate medical care in their custody. The court advised Nnaemeka to formally apply for the senator’s bail befor the next adjourned date.
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Security? agents had on Monday night? arrested Ndume? who was named by the arrested Boko Haram spokesperson.?
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The? suspect,? Ali Sanda Umar Konduga (a.k.a Usman al-Zawahiri)? had named Ndume and the former Borno State Governor Ali Modu Sheriff.
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In a related development, the Senate after over two hours of closed door session yesterday, said the rule of law must take its full course in the investigation of allegations levelled against Senator Ali Ndume.
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The Senate’s spokesman, Senator Enyinnaya Abaribe, stated this during a press conference in? Abuja.
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Abaribe, who spoke after the meeting, said that their deliberations centred around national security and issues of national interest.
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Abaribe noted that the Senate is “very well aware about an allegation concerning a member of the Senate.”
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He said: “The Senate is very much aware and has gotten the same information that other Nigerians have gotten about an alleged claim by a member of the Boko Haram sect concerning a member of the Senate and a member of the National Assembly.
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“The Constitution of Nigeria has a presumption of innocence and what that means is that every accused person is presumed innocent until he is found guilty. So, what we are saying is that it is a mere accusation and we want the due process to be followed.
