THE Federal High Court, Abuja Division,
Friday slammed a life jail term on Edmund Ebiware over his complicity in the
twin bomb blasts in Abuja on October 1, 2010.
Friday slammed a life jail term on Edmund Ebiware over his complicity in the
twin bomb blasts in Abuja on October 1, 2010.
About twelve people died in the blasts,
several other persons sustained injuries and many vehicles were burnt in the
incident.
several other persons sustained injuries and many vehicles were burnt in the
incident.
Delivering a four-hour judgment, the
trial Judge, Justice Gabriel Kolawole, held that Ebiware violated the
provisions of Section 40 (b) of the Criminal Code Act by concealing information
on the intention of Henry Okah (convicted in South Africa for terrorism-related
offences) to carry out acts of terrorism on the Federal Government and cause
havoc in the country on October 1, 2010.
trial Judge, Justice Gabriel Kolawole, held that Ebiware violated the
provisions of Section 40 (b) of the Criminal Code Act by concealing information
on the intention of Henry Okah (convicted in South Africa for terrorism-related
offences) to carry out acts of terrorism on the Federal Government and cause
havoc in the country on October 1, 2010.
According to Justice Kolawole, the
convict failed to disclose the information to either the President, Governor or
Peace Officer as prescribed by law and he is therefore of the three-count
charge preferred against him by the Federal Government.
convict failed to disclose the information to either the President, Governor or
Peace Officer as prescribed by law and he is therefore of the three-count
charge preferred against him by the Federal Government.
The Judge held that the anniversary day
bombings in 20100 would have been averted if the convict had informed
appropriate authorities of Henry Okah’s plot.
bombings in 20100 would have been averted if the convict had informed
appropriate authorities of Henry Okah’s plot.
He said the evidence of prosecution
witnesses showed that the convict was in communication contact with Henry Okah
before the bomb blasts which caused the Federal Government serious
embarrassment.
witnesses showed that the convict was in communication contact with Henry Okah
before the bomb blasts which caused the Federal Government serious
embarrassment.
Kolawole said the since the convict
could not convince the court that he reported the plot by Henry Okah to carry
out the said acts of terrorism, he is guilty felony.
could not convince the court that he reported the plot by Henry Okah to carry
out the said acts of terrorism, he is guilty felony.
“The testimony of the accused is so
hard to believe. From the evidences of the prosecution witnesses, the accused
had fore-knowledge of the intention of Henry Okah to attack the government,”
the Judge held.
hard to believe. From the evidences of the prosecution witnesses, the accused
had fore-knowledge of the intention of Henry Okah to attack the government,”
the Judge held.
In spite of the plea by the defence
counsel, Godwin Uche, for the court to temper justice with mercy, the judge
went ahead and sentenced the convict to life imprisonment with a caveat that
the convict can be recommended for consideration under a prerogative of mercy
after serving 32 years in prison.
counsel, Godwin Uche, for the court to temper justice with mercy, the judge
went ahead and sentenced the convict to life imprisonment with a caveat that
the convict can be recommended for consideration under a prerogative of mercy
after serving 32 years in prison.
The Judge also ordered that two hand
sets seized from the convict be forfeited to the Federal Government.
sets seized from the convict be forfeited to the Federal Government.
The defence counsel had told the court
that the extra-judicial statement obtained from his client could not be relied
upon as his (Ebiware) confessional statement, saying that there was no
admission by the accused person to indicate that he committed the offence.
that the extra-judicial statement obtained from his client could not be relied
upon as his (Ebiware) confessional statement, saying that there was no
admission by the accused person to indicate that he committed the offence.
“My Lord, for the statement to be
regarded, it must be direct and unequivocal; we urge My Lord to hold that the
statement was not confessional and therefore, the prosecution has not proved
its case beyond reasonable doubt to warrant the accused person’s conviction,”
the lawyer argued.
regarded, it must be direct and unequivocal; we urge My Lord to hold that the
statement was not confessional and therefore, the prosecution has not proved
its case beyond reasonable doubt to warrant the accused person’s conviction,”
the lawyer argued.
The defence counsel further argued that
the charges brought against the accused person were not known to law, adding
that, “Until Henry Okah is tried and convicted for similar offence, the trial
remains an injustice.’’
the charges brought against the accused person were not known to law, adding
that, “Until Henry Okah is tried and convicted for similar offence, the trial
remains an injustice.’’
According to Uche, all the prosecution
witnesses brought to testify on the matter did not establish anything against
the accused person to suggest the extent of his involvement, adding that their
testimonies were against the Evidence Act.
witnesses brought to testify on the matter did not establish anything against
the accused person to suggest the extent of his involvement, adding that their
testimonies were against the Evidence Act.
Countering these arguments, Dr. Alex
Izinyon (SAN), counsel to the SSS, submitted that Section 40 (a) (b) and (c) of
the Criminal Code negated that submission that the accused person could only be
brought to justice when the principal offender, (Henry Okah) was brought to
justice.
Izinyon (SAN), counsel to the SSS, submitted that Section 40 (a) (b) and (c) of
the Criminal Code negated that submission that the accused person could only be
brought to justice when the principal offender, (Henry Okah) was brought to
justice.
He explained that the “the intention
of Okah which was verbalized in a conversion with the accused person via the
telephone, eventually took place on the Independence Day of 2010.’’
of Okah which was verbalized in a conversion with the accused person via the
telephone, eventually took place on the Independence Day of 2010.’’
Izinyon submitted that the elements
needed to commence the prosecution of the accused person were thoroughly
considered before heading to court.
needed to commence the prosecution of the accused person were thoroughly
considered before heading to court.
According to Izinyon, the elements were
that it was established that Okah planned to commit treason against President
Goodluck Jonathan.
that it was established that Okah planned to commit treason against President
Goodluck Jonathan.
He said other two elements were that
the accused person had knowledge of the issue and did not disclose to the
highest authority.
the accused person had knowledge of the issue and did not disclose to the
highest authority.
“The claims made by the accused person
that he disclosed the matter to some bigwigs in government were tested to be
lies by prosecution witnesses.
that he disclosed the matter to some bigwigs in government were tested to be
lies by prosecution witnesses.
“My Lord, in the circumstance, the
prosecution has proved the case beyond reasonable doubt and the accused person
should be convicted as charged,’’ he said.
prosecution has proved the case beyond reasonable doubt and the accused person
should be convicted as charged,’’ he said.
The court had on May 3 removed Ebiware
from the list of suspects charged with the Independence bombing.
from the list of suspects charged with the Independence bombing.
Kolawole granted the order sequel to a
motion filed by the accused for an independent trial.
motion filed by the accused for an independent trial.
Others charged with the bombing
are Charles Okah and Obi Nwabueze, while the fourth accused person, Tiemkemfa
Osuvwo, died in Kuje Prison .
are Charles Okah and Obi Nwabueze, while the fourth accused person, Tiemkemfa
Osuvwo, died in Kuje Prison .
Ebiware had told the court that his
inclusion among the principal accused persons would be a distraction to his
defence.
inclusion among the principal accused persons would be a distraction to his
defence.
Source: Guardian
