by James Sambo

At the ongoing trial of Senator Aliyu Ndume, who is facing charges of sponsoring the Boko Haram sect, the Federal Government’s prosecuting team was absent from the proceedings on Tuesday, 11 November, at a Federal High Court, sitting in Abuja.

The presiding judge, Justice Gabriel Kolawole was evidently displeased with the absence, and he unequivocally expressed his disatisfaction with the lacklustre approach of the prosecution to the trial.

Kolawole also stated that the complex of the Federal Ministry of Justice was right beside the court building, hence, there was no reason whatsoever for the absence of the government prosecutor. He also warned the prosecution to stop taking the court for granted.

The judge said, “The prosecution team was in court on the last date when this case came up for ruling and was aware of today’s adjournment. Surprisingly they are not here today and no letter was addressed to the court to explain why none of the state counsel, who had been appearing in this case, was in court today.”

“Although I acknowledge that virtually all roads that lead to the Federal High Court have been blocked by security operatives on account of an event which is scheduled to hold at the Eagle Square, but the accused person and counsel are in court.”

“The Federal Ministry of Justice, where the prosecution comes from is the next building to this court complex. By this fact, there is nearly no justifiable reason why the prosecution is not in court today.”

“The case is already part-heard and it is the prosecution that is still fielding its witnesses. That is, there is no way any meaningful proceedings can be undertaken without the prosecution and any of its witnesses. Let me put it on record that I am not satisfied and pleased with the lackadaisical attitude of the prosecution in this case.”

“The patience and magnanimity being shown by the court should not be taken for granted, as the court had the obligation to do justice to all the parties; fair trial to the accused person and fair hearing to both parties.”

After his address, he adjourned the case till 29 January, 2015 for continuation of trial.

Senator Ndume has been accused of funding the operations of the Islamist sect, and was put on trial last year based on some of those allegations. However proceedings stalled when prosecution failed to provide key witnesses in the case against him. He was arraigned before Justice Kolawole on 12 December last year on a 4-count charge by the Department of State Services (DSS).