The documentary evidence marked exhibits “P7, P8, P8a and P8b” were contained alleged call data records of purported interactions between Ndume and a spokesman of Boko Haram, Ali Sanda Umar Konduga. Justice Gabriel Kolawole of the Abuja Federal High Court had already admitted them in evidence against Ndume.
The intermediate appellate court, in a judgment, yesterday held that the documents were wrongly admitted in evidence against the senator.
The appellate court, in the judgement read by Justice Amiru Sanusi, faulted the decisions by Justice Kolawole in which he, in two rulings on December 11 and 14, 2012, admitted some computer generated items in evidence in Ndume’s trial.
The Court of Appeal held that the trial court erred when it admitted the items even when the prosecution failed to comply with the condition precedent as required under Section 84(1) and (2) of the Evidence Act 2011 (as amended) in relation to the admission of computer generated evidence.
The court held that the word “shall” used in Section 84 of the Evidence Act makes it mandatory that its provisions must be complied with.
“In this case, the respondent failed to comply with the condition precedent as prescribed in Section 84 (2) of the Evidence Act,” the court held.
It consequently declared as wrongly done, the admission in evidence of the items, marked exhibits “P7, P8, P8a and P8b” containing alleged call data records of purported interactions between Ndume and a spokesman of Boko Haram, Ali Sanda Umar Konduga.
The documents are therefore to be expunged from the record of the trial high court where Ndume is facing trial. Ndume, a serving Senator from Borno State, is facing terrorism related charges before the Federal High Court in Abuja.
Source: National Mirror
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