Sen. Ndume spoke with Boko Haram operative 73 times

There were at least 73 telephone communications between Senator Mohammed Ali Ndume and self-confessed Boko Haram spokesperson, Ali Sada Umar Konduga (also known as Usman Al-Zawahiri) who is currently serving jail term for terrorism activities in the country, a Federal High Court sitting in Abuja was told on Wednesday.

According to the revelation of investigations by the State Security Service (SSS), Ndume and Konduga had the communications between 3rd October 2011 and 3rd November 2011 when the convict was arrested, and his subsequent admission of guilt in the SSS’s charge against him.

Continuing his evidence, prosecution witness, Aliyu Usman, a forensic examiner attached to the Special Investigation Panel Department of the SSS told the court that the phone examination report of the two mobile phones, Nokia E7 and Nokia 2700, showed that the first SMS was sent from Ndume’s phone to Konduga’s on 3rd October 2012.

He told the court that he conducted the exploitation of the phones and the assessment, documentation and reporting of findings in accordance with standard specifications, being a graduate of Electrical Electronic Engineering from the Federal University of Technology, Bauchi, and a certified member of Digital Forensic Examiner from  a sister agency in the United States of America and in Israel.

But when the prosecution attempted to tender the report of the witness contained in three different DVDs after the examination of the two phones, defence counsel, Mr. Ricky Tarfa (SAN) vehemently objected to it, saying the court had no proof that the items seeking to be tendered were primary evidence.

Tarfa argued that the DVDs were computer-generated evidence, consequently requiring a backing statement to authenticate the veracity of the items seeking to be tendered. He prayed the court to reject the DVDs.

Urging the court to admit the items as exhibits, prosecution counsel, Mr. Thompson Olatigbe argued that it is the responsibility of the court to look at the materials and admit them as exhibits.

“The DVDs are not computer-generated, as the witness said he used two kits to get the data from the two phones he exploited,” Olatigbe told the court, adding that “the three DVDs are not public document, and as such do not require certification as submitted by the defence.”

After listening to the submissions of parties in the matter, trial Judge, Justice Gabriel Kolawale reserved ruling on the admissibility of the items the prosecution sought to tender until Friday 14th December 2012.

Senator Ndume is facing a four-count charge for terrorism related offences.