In his rulling, Justice Kolawole ordered the prosecution to pay cost for filing an application out of time.

At the resumed hearing, the prosecuting counsel, Mrs Chinyere Emezina, told the court that there was a pending motion filed and dated Jan. 13 before the court.

Emezina urged the court to hear the motion in order to continue with the trial.

The defence counsel, Mr Rickey Tarfa (SAN), however, did not oppose the application, but rather urged the court for cost for the the Late filling of the motion.

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It would be recalled that Ndume, was arraigned in 2011 on a four-count charge for allegedly sponsoring the violent Boko Haram sect.

The offence Contravened Sections 3(b), 4(1) (a) and 7(1) (b) of the Terrorism Prevention Act.