A prosecution witness in the ongoing trial of
Senator Aliyu Ndume over alleged financing of terrorism, Aliyu Usman, on
Wednesday, told a Federal High Court sitting in Abuja that in the
course of investigation, 73 communication contacts were discovered from
both the senator and convicted spokesperson for the Boko Haram sect, Ali
Sada Umar Konduga (aka Usman Al-Zawahiri), who pleaded guilty to the
charge preferred against him by the State Security Service (SSS).
He added that the communication took place between October 3 and
November 3, 2011, adding that such communication included voice calls,
short message service (sms) and media message service (mms).
He also said further that forensic analysis carried out on the two
mobile phones, Nokia E7 and Nokia 2700 belonging to Ndume and Konduga
respectively, showed that the first SMS was sent from Ndume’s phone to
that of Konduga on October 3, 2011.
He also told the court that Senator Ndume’s mobile number was found
on Konduga’s phone on entry 78 and same was stored as “INDUME Sen” and
that Konduga’s mobile number was also found on Ndume’s phone, stored as
entry 1819 with the name “ALI MAL BH.”
But when the prosecution counsel, Johnson Olatigbe, wanted to tender
the report of the witness, contained in three different DVDs after the
examination of the two phones, the defence counsel, Ricky Tarfa,
objected to the admissibility of the items on the grounds that there was
no evidence before the court that the items seeking to be tendered were
primary evidence.
Tarfa said the DVDs were computer-generated evidence, which requires a
backing statement to authenticate the veracity of the items seeking to
be tendered and prayed the court to reject the DVDs.
While urging the court to admit the items as exhibits, the
prosecution counsel said it was the responsibility of the court to look
into and admit them as exhibits.
After listening to the submissions of parties in the matter, the
trial judge, Justice Gabriel Kolawale, reserved ruling till tomorrow on
admissibility or otherwise of the items the prosecution was seeking to
tender.
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