Ebiware hugs wife goodbye as he is taken off to serve his life sentence

Source: The Guardian

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.

About twelve people died in the blasts, 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.

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.

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.

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.

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.

“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.

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.

The Judge also ordered that two hand 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.

``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.

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.’’

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.

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.

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.’’

Izinyon submitted that the elements 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.

He said other two elements were that 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.

``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.

The court had on May 3 removed Ebiware 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.

Others charged with the bombing 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.