Absence of Defence Counsel Stalls Kabiru Sokoto’s Trial

Kabiru Sokoto

• Ndume asks Appeal Court to upturn admission of evidence

By Tobi Soniyi in Abuja
The alleged mastermind of the 2011 Christmas Day bombing of St. Theresa's Catholic Church in Madala, Niger State, Mr. Kabiru Umar, also known as Kabiru Sokoto, was Wednesday brought before a Federal High in Abuja for arraignment on terrorism charges.

The arraignment however could not to hold as the suspected terrorist had no legal representation.

This is just as Senator Ali Ndume, who is facing terrorism related charges, has applied to the Court of Appeal to stop his trial before a Federal High Court.

Sokoto, who claimed not to understand the English language, spoke through a court interpreter, stating he was not aware that he was being brought to court.

He also informed the court that he had not been served with the charges brought against him by the State Security Service  (SSS).
He requested for a period of two weeks to enable him secure the services of a lawyer to represent him at the trial.

The court presided over by Justice Adeniyi Ademola noted that the nature of the case, being a terrorism related one, ought to be fast tracked and expressed displeasure over the security agency's failure to serve the suspect with the charges alongside the proof of evidence to enable him prepare his defence.

Justice Ademola also declined an application made by the SSS' lawyer, Ms. Chioma Onuegwu, wherein she pleaded with the court to allow Kabiru enter his plea to signify the commencement of his trial.

The court thereafter adjourned proceedings until April 19 and ordered that the suspected terrorist be remanded in the custody of the SSS.
The court also ordered the security agency to allow the suspect access to his lawyers to enable him prepare his defence and serve him every material document relating to the trial.

Sokoto was charged with a three-count charge, including facilitating the commission of a terrorist act by planting and encouraging his boys, who are said to be at large, at Mabira Sokoto in Sokoto State, with the intention to bomb the police headquarters in the state between 2007 and 2012.

The offence is contrary to Section 15(2) of the Economic and Financial Crimes Commission Act, 2004.

He was also alleged to have been in possession of information about the bombing of St. Theresa's Catholic Church on December 25, 2011, but failed to disclose it to law enforcement officers within a reasonable time to forestall the incident and thereby committed an offence contrary to Section 7 (1) of the Terrorism Prevention Act 2013 and punishable under Section 33 (1) of the same Act.

Lastly, Sokoto was alleged to have committed an act of terrorism at Abaji, a suburb in the federal capital city, where he was said to have trained 500 men and also incited them to commit terrorist acts.

Sokoto’s botched arraignment coincided with Ndume’s application to the Court of Appeal in Abuja yesterday, seeking to stop his trial before a Federal High Court.

In the application filed at the Court of Appeal by his lawyer, Rickey Tarfa (SAN), the senator said the stay would enable the appellate court determine his appeal challenging the admissibility of three DVDs which allegedly contain a series of purported telephone conversations between him and convicted Boko Haram spokesman Ali Konduga.

In the notice of appeal, Ndume said the trial judge, Justice Gabriel Kolawole, ignored the provisions under Section 84 of the Evidence Act, which require that a document produced by a computer should be admissible after satisfying certain conditions.

According to him, the provisions under Section 84 of the Evidence Act are mandatory and cannot be waived by the court.
He argued that the conditions stated above were not satisfied before the three DVDs were tendered and admitted in evidence.

He said: “Having held that the DVDs and CDRs sought to be tendered are secondary evidence of documents prepared by a public officer in the discharge of his duty, the only legally admissible evidence of the said DVDs and CDRs are certified true copies thereof.”

He therefore asked the Appeal Court to set aside the decision of the trial court admitting the DVDs as evidence.

Ndume was alleged to have failed to report the activities of the Boko Haram sect to security agents even when he had knowledge of the sect's nefarious activities.

He however denied the charges and was admitted to bail.
Justice Kolawole had adjourned the trial to May 6 to enable Ndume pursue his appeal challenging the legality of the telephone phone conversations admitted in evidence.

The Appeal Court is yet to fix a date for the hearing