A Federal High Court, Abuja yesterday sentenced Edmund Ebiware, an associate of the MEND leader, Henry Okah, to life imprisonment after finding him guilty of complicity in the October 1, 2010 twin-bombings in Abuja.
His conviction was based not on his active participation in the bombing, but because he failed to report the plot to the President or the police.
Ebiware, who broke down in tears after Justice Gabriel Kolawole pronounced judgement, was specifically accused of withholding information on the planned attack by not using reasonable means to leak the information to the President and Peace Officer to foil the planned attack.
“With all my struggle for the Niger Delta, this is what they are using to pay me back. God is the greatest judge,” the convict said.
The prosecution called six witnesses, while the convict was his own witness.
Justice Kolawole said that from the evidence before the court,there was a link between Ebiware and the leader of the Movement for the Emancipation of Niger-Delta (MEND), Henry Okah, ahead of the bombings.
Justice Kolawole cited the analysis of Ebiware’s phone call logs as tendered by the PW5, Wasiu Agbaje, and said the convict was in contact with Okah who was convicted in South Africa on Monday for masterminding the Abuja bombings.
The court also relied on the testimony of PW4 who told the court that the accused informed him that Okah was not happy about the Amnesty Programme because some militants were excluded.
The court also recalled the testimony of the PW2 who said the Special Investigation Panel (SIP) set up by the government established that Henry Okah was in constant touch with the convict from the planning stage.
A text message retrieved from his mobile phone reads: “The independence hurricane, I was deeply involved. Shake the nation. Good morning”.
The court said the convict, in his statement, explained that by independence hurricane, he meant the independence bomb blasts.
Justice Kolawole said the conviction will serve as a lesson to the larger society because every Nigerian has a duty to ensure peace in the society.
Reviewing the testimony of the witnesses, the trial judge said the Prosecution Witness 4 (name withheld) was the only one with a weighty evidence against the convict. He, however, raised concern on why the PW4 was not charged along with the accused because he had fore-knowledge of the October 1 bomb blasts.
The judge said he would take the witness of the PW4 with caution, but expressed doubt if the defence witness was a witness of truth.
The court said the convict was not consistent in his oral testimony and written statements.
Besides, he said, the convict did not substantiate his claim that Henry Okah threatened him even though he claimed he told his wife.
Okah himself was convicted on Monday by a South African court for masterminding the Abuja blasts. He was found guilty on 13 counts related to terrorism.
He also faces life imprisonment.
Once Justice Kolawole pronounced that “the accused is hereby found guilty as charged” yesterday, Ebiware cast a glance at the ceiling and began murmuring.
His counsel, Gordy Uche, pleaded with the court to consider the circumstance in which the accused begged for separate trial to prove his innocence.
“The accused is a young person not up to 35 years. He is married and has two children who are still of tender ages. My lord will see that the accused person on his own volition and believing in his own innocence applied for and granted a separate trial,” he said.
He added that Ebiware also had no previous record of conviction. In the sentence, Justice Kolawole said he was touched by the plea for leniency by the defence counsel and the fact that he had no criminal record and has two children of tender ages.
He, however, said the essence of judgment is to serve as deterrent and to seek to reform the convict.
He said:”When court gives sentence, it must make sure it maintains a balance because if the sentence is too harsh the goal of reform may not be achieved”.
Justice Kolawole said he was mindful of the sad effects the October 1 bombings had on the country.
He said: “Perhaps if the convict had reported the case, it would have saved the calamity.
“Many of the victims are yet to recover and may not fully recover from the injuries sustained.
“The convict is hereby sentenced to life imprisonment”.
The judge ordered that his two phones should be confiscated as items with which the accused was convicted.
“It is my hope that the convict will shun the company of individuals he cannot guarantee their character. It is a lesson for the larger society,” the judge said
The judge added that it is the duty of all Nigerians to report suspicious activities that may endanger the peace in the nation.
Others still standing trial on the bombings are Charles Okah and Obi Nwabueze.
The fourth accused person, Tiemkemfa Osuvwo, died in Kuje Prison.
The accused are standing trial over their alleged involvement in the Independent Day Abuja twin-bombings.
The accused are charged for allegedly waging war against the state in order to intimidate President Goodluck Jonathan, an offence contrary to and punishable under Section 37(1) of the Criminal Code, Cap 77 Laws of the Federation of Nigeria (LFN) 1990.
They are also accused of terrorism and conspiracy to commit treason, contrary to Section 40 (2) of the Criminal Code CAP 77, Laws of the Federation of Nigeria (LFN) 1990.
