Boko Haram: Court Dismisses Ndume’s Application For Interim Order On Stay

The Federal High Court on Tuesday, dismissed an application for an interim order on stay filed by Ali Ndume, to allow him challenge two interlocutory orders made by the trial court.
The interlocutory orders paved the way for the admission of three DVDs that contained alleged record of communication between the accused applicant and some Boko Haram members.
In dismissing the application, Justice Gabriel Kolawole on Tuesday said: “ I shall instead of granting an interim order give you 60 days to attend to your appeal.
“The accused applicant will be compelled to explain to the justices of the court of appeal why he withdrew his motion on stay before the trial court to suddenly file a fresh one at the appellate court.
“I understand that some pertinent events could lead to a situation where motion on stay could leapfrog to the appellate court but I doubt if unfolding events on this matter so far have necessitated that.
“The matter is therefore adjourned to May 6 for mention while the accused applicant will continue to enjoy his bail,’’ Kolawole said.
Earlier, Mr Rickey Tarfa (SAN), counsel to Ndume, prayed the court to withdraw a motion for stay he filed on behalf of his client.
Tarfa said that the withdrawal became necessary because Ndume’s appeal had eventually been entered at the Court of Appeal.
“When an appeal is entered my lord, all applications evolving from the appeal ought to made to the appellate court.
“This is supported by Order 7 Rule 4 and Order 4 Rules 10 and 11 of the Court of Appeal Rule.
“We have also filed our brief of argument and fresh stay application at the Court of Appeal, consequently upon that we are calling for the withdrawal of the one we file before this court on Feb. 5,’’ he said.
Mr Thompson Olatigbe, the prosecution counsel did not oppose the oral application for the withdrawal of the motion on stay but did oppose the prayer for an interim stay.
Olatigbe said that the accused applicant and his counsel had introduced a new dimension to criminal proceedings by abandoning the trial court without a stay order.
He said: “It is totally strange in law for a party to jump to an appellate with a stay motion.
“My lord, I urge you sir to dismiss the relief for an interim order of stay as the accused applicant cannot eat his cake and have it back,’’ he said.
NAN further reports that application filed by the accused applicant to quash the charges of terrorism leveled against him was also withdrawn.
Ndume (PDP-Borno) is standing trial for alleged link with the Boko Haram.