Daily Archives: Dec 14, 2012

The Federal High Court on Friday in Abuja admitted three DVDs which contained the records of communication between Sen. Ali Ndume and members of the Boko Haram sect as a secondary evidence.

Ndume (PDP-Borno) is standing trial for alleged link with the Boko Haram Sect.

Delivering the ruling on the issue on Friday, Justice Gabriel Kolawole held that the court did not find any substantial issues of merit in the objection raised against their admission.

The judge said, ``It would have made some legal sense if the items were tendered by any person other than the maker.

``The DVDs are admitted in evidence and the contents shall be accessed in the course of the trial.

``Although, Section 36 of the Constitution guides against the divulge of records of personal consumption which includes all electronic generated information.

``But then, Section 43 (1) (a) (b) of the same Constitution however makes it mandatory for network providers to release such records in relation to investigation of criminal matters.’’

On the argument that the items bore no certification, Kolawole held that not all records sought to be tendered in court were obliged to be certified, adding that some classified records were not meant for the public.

Ndume had insisted that his link with the group was necessitated by his membership of the Presidential Committee on Security set up to restore peace in the troubled North eastern part of the country.

Mr RickeyTarfa (SAN), Counsel to Ndume, had argued that the items being secondary evidence should have been accompanied by a statement.

He submitted that the items did not qualify to be admitted, and that the move was a violation of the Evidence Act.

Tarfa said that the evidence neither carried the signature of the witness nor any form of identification to show its originality.

He further submitted that the evidence sought to be tendered lacked the description of the maker and certification to show its source.

Mr Thompson Olatigbe, Counsel to the Prosecutor (SSS) had prayed the court to refuse the submission of the defence counsel, saying that the three DVDs contained the information on the two mobile telephones before the court.

He argued that the items would assist the court to arrive at quick dispensation of the case.

The News Agency of Nigeria (NAN) reports that the SSS on Dec.12 told the court that Ndume's call log showed that he communicated with Mohammed Konduga (a convict) 73 times in a month.

Mr Aliyu Usman, a forensic expert with the SSS, while giving evidence said that the history of the communication contacts was contained in the two mobile telephones obtained from Ndume and Konduga

NAN further reports that Konduga, who was alleged to be a former spokesman of the sect, was currently serving a three year jail term, after he pleaded guilty to the charges filed by the SSS.

The case was adjourned to Feb. 7 and Feb. 11, 2013 for continuation of trial.

At least 27 people, including 18 children were killed on Friday when a shooter opened fire at an elementary school in Newtown, Connecticut, CBS News reported, citing unnamed officials.

If confirmed, it would be one of the worst mass shootings in U.S. history.

The holiday season tragedy follows a series of shooting rampages in the U.S. this year that have killed multiple victims, and it was certain to revive a debate about U.S. gun laws.

The Principal and school Psychologist were among the dead, CNN said. Witnesses reported hearing dozens of shots with some saying as many as 100 were fired.

The suspected shooter, 24, was armed with four weapons and wearing a bullet-proof vest, WABC reported.

There were unconfirmed reports of a second shooter.

Another person was being held in police custody after he was detained in the woods near the school wearing camouflage pants, CBS reported.

Sandy Hook Elementary School teaches children from kindergarten through fourth grade - roughly ages 5 to 10.

``It was horrendous,’’ said parent Brenda Lebinski, who rushed to the school where her daughter is in the third grade.

``Everyone was in hysterics - parents, students. There were kids coming out of the school bloodied. I don't know if they were shot, but they were bloodied.’’

Television images showed police and ambulances at the scene, and parents rushing toward the school. Parents were seen reuniting with their children and taking them home.

``This is going to be bad,’’ a state official told Reuters, requesting anonymity because the scope of the tragedy remained uncertain.

President Barack Obama was notified and would receive regular updates throughout the day, White House spokesman Jay Carney said.

``We're still waiting for more information about the incident in Connecticut,’’ Carney said when asked about the president's reaction to it.

Carney called the event ``tragic’’ and said there would be time later for a discussion of policy implications.

Obama remains committed to trying to renew a ban on assault weapons, Carney said.

All Newtown schools were placed in lockdown after the shooting, the Newtown Public School District said.

Lebinski said a mother who was at the school during the shooting told her a "masked man" entered the principal's office and may have shot the principal.

He said the principal was "severely injured."

Lebinski's daughter's teacher "immediately locked the door to the classroom and put all the kids in the corner of the room."

Danbury Hospital, about 18 km west of the school, had received three patients from the scene, a hospital spokeswoman told NBC Connecticut.

The mayor of Danbury, Mark Boughton, told MSNBC: ``They are very serious injuries.’’

A girl interviewed by NBC Connecticut described hearing seven loud "booms" as she was in gym class. Other children began crying and teachers moved the students to a nearby office,’’ she said.

``A police officer came in and told us to run outside and so we did,’’ the unidentified girl said on camera.

One child was carried from Sandy Hook Elementary School by a police officer, and the child appeared to have been wounded, the town's weekly newspaper, the Newtown Bee, said on its website.

Connecticut State Police said their officers were at the scene with local police but provided no additional details. The emergency call to police occurred at 9:41 a.m., state police said.

Sandy Hook is one of four elementary schools in the district.

The U.S. has experienced a number of mass shooting rampages this year, most recently in Oregon, where a gunman opened fire at a shopping mall on Tuesday, killing two people and then himself.

The deadliest attack came in July at a midnight screening of a Batman film in Colorado that killed 12 people and wounded 58.

Hajiya Zanaib Kuchi, the Minister of State for Power, on Friday said that the Federal Ministry of Power would be restructured in 2013 to deal with the inevitable challenges facing the sector Kuchi, who made this known at the 4th Quarterly Power Summit ...

The Senate on Friday said it adopted the death penalty as punishment for acts of terrorism due to Nigeria’s peculiar circumstances. The National Assembly at its sitting on Thursday approved the death penalty for acts of terrorism in Nigeria follo...

The police on Friday arraigned six persons before an Abuja Senior Magistrates’ Court for allegedly beating a pregnant woman, Favour Michael, at Wuse Market, Abuja. The accused persons are Hashimu Sani, Idris Garba, Adamu Auwal, Sabiu Idris, Abuba...

The International Criminal Court (ICC) may issue new arrest warrants against rebel commanders and government functionaries for blocking aid to Sudan's troubled Darfur, Chief Prosecutor Fatou Bensouda said.

In an address to the UN Security Council, the Prosecutor said Sudanese President Omar Al Bashir continued to authorise more attacks and new crimes were being committed while the Council remained inactive on the same.

``This Council should be even more concerned about the situation in Darfur, given that crimes continue to be committed, including by those already indicted by the Court,’’ Bensouda said.

``The question that remains to be answered is how many more civilians must be killed, injured and displaced for this Council to be spurred into doing its part?’’

The ICC Prosecutor said she was more concerned about the continuing pattern of attacks by the government in its efforts to quell what it considers to be a rebellion.

``I have indicated specific incidents of concern and which seem to represent an ongoing pattern of crimes committed pursuant to the Government-avowed goal of stopping the rebellion in Darfur,’’ the Prosecutor said.

ICC Judges ruled in 2010 that genocide was being committed under the watch of the international community and indicted Al Bashir on accusations of harbouring an elaborate plan to exterminate the Zaghawa tribe in Darfur.

Among indicted include Janjaweed leader Ali Kushayb, who reported to then Minister of State for the Interior Ahmed Harun, who himself reported to then Minister of the Interior Abdel Raheem Muhammad Hussein.

``Their responsibility is not a mere consequence of their official roles.

``In all of these cases there are witnesses that describe in detail their active participation in the strategy to commit crimes as well as in the execution of that strategy,’’ Bensouda said.

The Prosecutor says she will consider whether further investigations and additional applications for arrest warrants are necessary to address ongoing crimes, including those undertaken with the aim of thwarting delivery of humanitarian aid.

The recent attacks on the AU.-UN Mission in Darfur (UNAMID) peacekeepers as well as bombardments and other direct attacks on civilian populations are also being considered.
(PANA/NAN)