A Federal High Court siting in Abuja on Tuesday
gave its nod for Ndume to proceed to Saudi Arabia to perform lesser Hajj
as it granted him an order to exit from Nigeria for the purpose of
performing lesser hajj, Umrah, from 1st to 31st August, 2012.
Ndume has been standing trial on a four counts charge for allegedly sponsoring the dreaded Boko Haram sect.
The court held that it lies on the state to prove that releasing Ndume’s passport to enable him travel to Saudi Arabia to perform the lesser Hajj, Umrah, will jeopardize the efforts of the security agencies to curb the ravaging activities of the dreaded Boko Haram sects which has caused the death of many Nigerians in the last 14 months.
“An accused standing trial is still presumed innocent until proven guilty but this however does not mean that there was no prima facie evidence linking him to the crimes, presumption of innocence supposes that one who is alleged to have been committed a crime and was arrested should be charged to court and the accused had been so charged” the court noted.
In exercising the court’s discretion in favour of Ndume, the presiding judge, Justice Gabriel Kolawole, stated that the accused applicant has requested to attend to his religious obligation as well as attend his routine medical checks and noted that prosecution had not responded on how releasing his passport to travel will prejudice this trial.
“He had been admitted to bail and there is prospect or certainty that the accused will attend his trial. His request was for a specified time frame, and a mere assertion by the prosecution that the accused will not return for his trial, can not be taken like a magic wand, reasonable materials to that effect ought to have been placed before the court”.
Ndume’s application is based primarily on his personal religious faith which the court should treat cautiously. Moreso, only the living can perform umrah, so the submission of the prosecution that Ndume can always perform the religious rites after his trial holds water as the prosecution cannot say for certainty that Ndume would be discharged and acquitted at the end of his trial, the court observed.
“The offence for which he is standing trial carries a jail term of 10 years and there is no law which permits someone serving term to travel for religious rites”.
Justice Kolawole ordered Ndume to file within 24 hours upon his arrival an affidavit deposing to having received any medical attention in the course of his trip for religious rites and to return his travel documents back to the court immediately on arrival.
In the application moved by his lawyers led by Mr. Segun Jolaowo, the senator had pleaded with the court to release his travel documents to enable him perform Islamic religious rites in Saudi Arabia and seek further medical attention over seas.
According to Ndume’s lawyers, the application seeking the release of the travel documents will enable his client seek further medical attention abroad after performing religious rites in Saudi Arabia.
” We all know the state of our nation’s medical facilities, that is why he wants to travel abroad for medical attention as well perform his religious obligation in Saudi Arabia”.
He further informed the court that the senator had always appeared for his trial and had never flouted any of the conditions attached to his bail and that he will promptly return his International Passport upon his return to the court.
The court was also reminded that despite an earlier leave granted by the court for Ndume to travel which the SSS frustrated, that he promptly returned the passport to the custody of the court.
In opposing the application, Mr. Sunday Mordi, the prosecution counsel, had informed the court that he filed and served a Nine- paragraph affidavit on the 11th of July and sought rely on all the avirements in the counter affidavit and adopt it as prosecution’s argument in opposing the application.
“We urge this court to dismiss this application in the interest of justice and the security of the entire nation as granting it will jeopardize the process of this trial. We all know that this country is under siege by the dreaded Boko Haram. We hear tales of bomb blasts in Damaturu, Yobe and Jos”
Mr. Mordi also faulted the claims by the embattled senator on the issue of medical attention abroad, noting that there are medical facilities across the nation to cater for whatever ailment he may be suffering from.
Senator Ndume, in his application, did not specify what ailment he is suffering from nor the nature of the proposed treatment being sought abroad.
The trial judge, Justice Gabriel Kolawole subsequently adjourned trial to October 24th.
Source: PM News
Ndume has been standing trial on a four counts charge for allegedly sponsoring the dreaded Boko Haram sect.
The court held that it lies on the state to prove that releasing Ndume’s passport to enable him travel to Saudi Arabia to perform the lesser Hajj, Umrah, will jeopardize the efforts of the security agencies to curb the ravaging activities of the dreaded Boko Haram sects which has caused the death of many Nigerians in the last 14 months.
“An accused standing trial is still presumed innocent until proven guilty but this however does not mean that there was no prima facie evidence linking him to the crimes, presumption of innocence supposes that one who is alleged to have been committed a crime and was arrested should be charged to court and the accused had been so charged” the court noted.
In exercising the court’s discretion in favour of Ndume, the presiding judge, Justice Gabriel Kolawole, stated that the accused applicant has requested to attend to his religious obligation as well as attend his routine medical checks and noted that prosecution had not responded on how releasing his passport to travel will prejudice this trial.
“He had been admitted to bail and there is prospect or certainty that the accused will attend his trial. His request was for a specified time frame, and a mere assertion by the prosecution that the accused will not return for his trial, can not be taken like a magic wand, reasonable materials to that effect ought to have been placed before the court”.
Ndume’s application is based primarily on his personal religious faith which the court should treat cautiously. Moreso, only the living can perform umrah, so the submission of the prosecution that Ndume can always perform the religious rites after his trial holds water as the prosecution cannot say for certainty that Ndume would be discharged and acquitted at the end of his trial, the court observed.
“The offence for which he is standing trial carries a jail term of 10 years and there is no law which permits someone serving term to travel for religious rites”.
Justice Kolawole ordered Ndume to file within 24 hours upon his arrival an affidavit deposing to having received any medical attention in the course of his trip for religious rites and to return his travel documents back to the court immediately on arrival.
In the application moved by his lawyers led by Mr. Segun Jolaowo, the senator had pleaded with the court to release his travel documents to enable him perform Islamic religious rites in Saudi Arabia and seek further medical attention over seas.
According to Ndume’s lawyers, the application seeking the release of the travel documents will enable his client seek further medical attention abroad after performing religious rites in Saudi Arabia.
” We all know the state of our nation’s medical facilities, that is why he wants to travel abroad for medical attention as well perform his religious obligation in Saudi Arabia”.
He further informed the court that the senator had always appeared for his trial and had never flouted any of the conditions attached to his bail and that he will promptly return his International Passport upon his return to the court.
The court was also reminded that despite an earlier leave granted by the court for Ndume to travel which the SSS frustrated, that he promptly returned the passport to the custody of the court.
In opposing the application, Mr. Sunday Mordi, the prosecution counsel, had informed the court that he filed and served a Nine- paragraph affidavit on the 11th of July and sought rely on all the avirements in the counter affidavit and adopt it as prosecution’s argument in opposing the application.
“We urge this court to dismiss this application in the interest of justice and the security of the entire nation as granting it will jeopardize the process of this trial. We all know that this country is under siege by the dreaded Boko Haram. We hear tales of bomb blasts in Damaturu, Yobe and Jos”
Mr. Mordi also faulted the claims by the embattled senator on the issue of medical attention abroad, noting that there are medical facilities across the nation to cater for whatever ailment he may be suffering from.
Senator Ndume, in his application, did not specify what ailment he is suffering from nor the nature of the proposed treatment being sought abroad.
The trial judge, Justice Gabriel Kolawole subsequently adjourned trial to October 24th.
Source: PM News
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