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Tag: Independence Day bombing

  • Independence Day bombing: Okah, Nwabueze get life imprisonment

    Independence Day bombing: Okah, Nwabueze get life imprisonment

    The Federal High Court, Abuja, on Wednesday, sentenced Charles Okah and Obi Nwabueze to life imprisonment for masterminding the Oct. 1, 2010 Independence Day bombing near Eagle Square, Abuja.

    Justice Gabriel Kolawole handed down the sentence while delivering judgment in the five counts of terrorism charge preferred against the duo by the Federal Government.

    The Judge held that the prosecution, through the plethora of exhibits tendered and witnesses called, was able to prove its case beyond reasonable doubts.

    “I find the defendants guilty as charged and they are accordingly convicted,”Kolawole said.

    The judge said having handed down a life sentence earlier in 2013 to Edmund Ebiware, who had initially stood trial with the convicts; he could not give a lighter sentence to Okah and Nwabueze.

    He said that it was necessary for the maximum sentence to be given in order to ensure that justice was served in the eyes of families of those who died or sustained injuries.

    The judgeo noted that the judiciary could not be aloof to the increasing wave of kidnapping and acts of terrorism, citing the recent abduction of the 110 school girls from Dapchi in Yobe.

    Counsel to Okah and Nwabueze, Emeka Okoroafor and Oghenovo Otemu had prayed the court to show the convicts mercy, owing to the fact that they were first time offenders.

    The prosecuting counsel, Mr Alex Iziyon, (SAN), however, asked the court to give the convicts the maximum sentence prescribed by Section 15 (1) of the Economic and Financial Crimes Commission Act on which they were tried.

    Okah, Nwabueze, Ebiware and Tiemkemfa Francis-Osvwo (aka General Gbokos) were initially arraigned before the court on Dec. 7, 2010.

    They were arraigned for their alleged involvement in the bomb blast which left about 12 people dead and several others injured.

    Francis-Osvwo later died in prison custody, while Ebiware, who had his trial conducted separately, is serving life sentence upon his conviction in 2013.

    The News Agency of Nigeria (NAN) reports that the judgment which lasted about six hours has finally brought to an end litigation which started about eight years ago.

    NAN also recalls that in the course of the trial, the prosecution called 17 witnesses to prove that the defendants actually committed the crime.

    Okah called two witnesses including himself, Nwabueze called four witnesses.

    Read Also: 2010 bombing: Okah’s trial nears conclusion eight years after

  • Independence Day bombing: Court upholds life sentence for Ebiware

    THE Court of Appeal in Abuja has upheld the conviction and life sentence handed to Edmond Ebiware over his complicity in the October 1, 2010 bomb explosion around Eagle Square in Abuja.

    The blast left about 12 people dead and several others injured.

    In a unanimous judgment of a panel of three, the appellate court resolved the two issues, identified for resolution, in favour of the state, listed as respondent.

    It dismissed the appeal by Ebiware.

    Ebiware, accused of withholding information about alleged plot by Henry Okah to cause bomb explosion in Abuja, was initially charged, with three persons, including Charles Okah, on an eight-count charge filed on January 11, 2011 before the Federal High Court, Abuja.

    On May 3, 2012, the trial judge, Justice Gabriel Kolawole, granted Ebiware’s application to be tried separately from the three others.

    At the end of the trial, Justice Kolawole, in a judgment on January 25, 2013, convicted Ebiware and sentenced him to life imprisonment, subject to parole after 32 years from the date of the convict’s arrest on October 15, 2010.

    The accused appealed the decision.

    In a lead judgment delivered on July 25, 2017, by Justice Mohammed Mustapha, a copy of which The Nation sighted yesterday, it was held that the trial court was in order in its findings and conclusions in the Ebiware case.

    On whether the prosecution proved the charges against the appellant beyond reasonable doubt, Justice Mustapha held that by the evidence led, the prosecution proved the guilt of the defendant/appellant.

    Justice Mustapha said: “Contrary to the contention of the learned counsel for the appellant, conviction under Section 40(b) of the Criminal Code does not require linkage with other accused person(s), the operative word is ‘knowledge of intention,’ and failure to report to the categories of persons listed therein.

    The appellant, from evidence at trial, not only knew, but failed to report. The findings of the trial court are beyond reproach in this regard.”

    On Ebiware’s contention that the sentence of life imprisonment was too harsh, Justice Mustapha held that considering the impact of the bomb explosion and its impact, the sentence handed by Justice Kolawole to the appellant was justifiable.

    He said: “I did say earlier that the question of whether the sentence is harsh or not is subjective, because it depends on who is at the receiving side; this is because at the end of the day, when all is said and done, neither life imprisonment nor any sentence can be regarded as sufficient punishment for an action that leads to loss of innocent lives in this grand scale.

    “This is not withstanding the fact that the accused had remained in prison custody, married with children or chose not to waste precious time by opting for a separate trial from other co-accused,” Justice Mustapha said.

    Justices Tani Yusuf Hassan and Abubakar Datti Yahaya, who were on the panel, agreed with the lead judgment.

  • Court rules on Okah’s ‘no-case-submission’ May 16

    The Federal High Court, Abuja, on Monday fixed May 16 for ruling on the no-case-submission filed by Charles Okah and Nwabueze Obi, to dismiss the terrorism charges brought against them.

    The applicants were alleged masterminds of the 2010 Independence Day bombing in Abuja.

    Justice Gabriel Kolawole fixed the date after counsel to parties had canvassed their arguments.

    Okah, a younger brother of Henry Okah, the leader of the Movement for the Emancipation Niger Delta, (MEND) and others standing the trial, are expected to open their defence after the May 16 ruling.

    The MEND leader, also tried for terrorism charges, is presently serving his life jail term in South Africa.

    The prosecution closed its case on January 31 but the applicants filed a no-case submission, urging the court to dismiss the charges brought against them.

    The applicants argued that the charges and the evidence presented by the prosecution so far had not established prima facie case against them.

    At the resumed hearing, counsel to Okah, Mr. Emeka Okafor, told the court of his client’s motion of no-case-submission.

    “It is our final submission that Okah does not need to go through rigorous trial as the prosecutor has no evidence to prove any ingredient of offence he is charged with,” he said.

    Counsel to Nwabueze, Mr. Oghenovo Otemu, aligned himself with the submission of Okah’s counsel.

     

    NAN

  • Court suspends Okah’s trial pending recovery from surgery

    Alleged mastermind of the October 1, 2010 bombing in Abuja, Charles Okah, is currently on admission at the National Hospital, Abuja, recuperating from a pile surgery.

    Okah is being tried before a Federal High Court, Abuja, alongside Obi Nwabueze for the 2010 Independence Day bombing.

    Okah was not produced in court on Monday.

    Prosecution lawyer, Alex Iziyon (SAN) told the court that Okah was recuperating in hospital after undergoing surgery for pile.

    Justice Gabriel Kolawole had on February 16, after receiving complaints about Okah’s health, ordered the Nigeria Prison Service (NPS) to transfer him to the National Hospital for surgery.

    The judge also directed the prison authorities to ensure adequate security around the defendant and the hospital throughout his stay, and that after the surgery, he should be produced in court for resumption of trial.

    Izinyon said, “The first defendant (Okah) on February 18 was taken to the National Hospital for surgery and as at this morning (Monday) he is still there.

     

  • Court orders psychiatric test for Independence Day bomber

    Justice Gabriel Kolawole of the Federal High Court, Abuja, has ordered that terrorism suspect, Charles Okah be subjected to psychiatric evaluation to ascertain whether he was mentally sound enough for trial.

    The judge made the order on Wednesday while ruling on arguments by lawyers for the prosecution and defence on whether or not Okah was fit to stand trial.

    Okah is being tried with Obi Nwabueze over the 2010 Independence Day twin bombing in Abuja which caused the death of about 12 people, leaving several others injured.

    Four people, believed to be members of the Movement for the Emancipation of the Niger Delta (MEND) lead by Henry Okah (currently serving jail term in South Africa) were originally arraigned before the court in December 2011 over the incident.

    One of them, Tiemkemfa Francis Osvwo a.k.a General Gbokos, died later, while another, Edmund Ebiware, who had his trial conducted separately, was sentenced to life imprisonment.

    On Wednesday, Okah, who was brought to court on a wheel chair, could hardly move. He was wheeled into the court room by prison officials.

    When the case was called, the prison officials merely pushed him to the side of the court room to enable the judge see him. His co-accused, Obi moved into the dock.

    His lawyer, John Ainetor, told the court that his client’s health condition has deteriorated.

    He said Okah could no longer walk, was confined to the wheel chair and “is shaking.”

    He accused the prison authorities of denying his client adequate medical attention. Ainetor told the court that his client could not stand trial in his current state because he was not fit.

    Responding, lead prosecution lawyer, Alex Iziyon (SAN), said Okah, who is the first accused person, was pretending.