A Federal High Court in Abuja Friday found one Edmund Ebuware guilty of involvement in the twin bombing of October 1,2010 Independent Anniversary and sentence him to a life imprisonment.
Twelve people were killed in the embarrassing incident that also burnt several cars and injured several other persons including children
The mastermind of the bombing and leader of MEND Henry Okah was on monday convicted and sentenced to life imprisonment in South Africa for same terrorist act.
Delivering the judgement in Abuja which lasted about four hours, the trial Judge, Justice Gabriel Kolawole said Ebuware violated the provisions of Section 40 (b) of the Criminal Code Act by concealing information of the intention of Henry Okah to carry out act of terrorism on the federal government and caused havoc in the country on October 1, 2010.
According to Kolawole, the convict failed to disclose the information to either the President, Governor or Peace Officer as prescribed by law and therefore guilty of the three count charge preferred against him by the Federal Government.
Kolawole said the anniversary day bombings in 20100 would have been averted if the convict had informed appropriate authorities of Henry Okah’s plan to cause havoc on a day where prominent Nigerians and Diplomats gathered in Abuja to celebrate the 50th year anniversary of Nigeria’s independence.
He said the evidence of prosecution witnesses showed that the convict actually committed the offence for which he was charged, adding that there was cogent evidence that the convict was in communication contact with Henry Okah before the bomb blasts which caused the Federal Government serious embarrassment
Kolawole said since the convict could not prove to the court that he reported the plan by Henry Okah to carry out act of terrorism on October 2010, he is guilty of an act of felony and is liable of life imprisonment.
“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 in the sentencing of the convict, the Judge went ahead and sentenced the convict to a 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 two handsets seized from the convict, the Judge ordered that they should be forfeited to the Federal Government.
It would be recalled that the defence counsel had told the court that the extra-judicial statement obtained from his client could not be relied upon as his (Ebuware) 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 it case beyond reasonable doubt to warrant the accused person’s conviction.
The defence counsel further argued that the charges brought against the accused person was 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.
He said the elements were that it was established that Okah planned to commit treason against President Goodluck Jonathan.
He said that 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 Ebuware 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 .
Ebuware had told the court that his inclusion among the principal accused persons would be a distraction to his defence.
He was convicted for hiding information on the motive of the other accused persons
