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Justice Gabriel Kolawole of an Abuja Federal High Court has dismissed treason charge leveled against the alleged masterminded of the October 1, 2010 on the grounds that the charge was based on evidence before him which did not prove that President Goodluck Jonathan, who was at Eagle Square, the target of the blast, was intimidated by the attack.
The court held that the evidence before him failed to prove that Jonathan was sneaked out of Eagle Square, venue of the 50th anniversary celebration of Nigeria’s independence, neither did the evidence prove a case of treason as contained in count one of the charge.
He also said the evidence cited by the prosecution failed to prove that governors who attended a meeting on March 15, 2010 in Warri, Delta State, where another blast occurred, were also intimidated.
The prosecuting counsel, Alex Iziyon SAN explained that there were two separate charges filed.
“One bothered on treason while the other bothered on terrorism. When I was assigned to the case, both of them were supposed to be going on at the same time. We decided to follow one of the two, because we cannot pursue two rats at the time. All our witnesses were brought based on the terrorism charge. That’s what prompted the ruling on the no-case submission today. It does appear as if we have not started the case involving treason.
“That does not mean that we cannot go back to the matter. It is left for the office of the Attorney General. If they decide to focus on the other charge”, Iziyon said
The court dismissed the no-case submission filed by Okah and other defendants.
Mr. Okah now faces only terrorism charge.
Okah who had attempted a suicide within the court is standing trial alongside one Nwabueze in connection with the independence day bombing in 2010 including the March 15, 2010 bombing in Warri, Delta state, that same year at the eagle square in Abuja.
They were also charged for treasonable offences bothering on alleged threats on the lives of former President Jonathan and governors holding a meeting in Delta state during the respective attacks.
The duo had asked the court to strike out the charges against them, arguing that the prosecution failed to prove it’s case against the accused.
Justice Gabriel Kolawole, in a lengthy ruling delivered within within a span of over three hours, on Thursday cancelled the treason charges against the defendants, on the grounds that the allegation of terrorism brought against the defendants could not be dismissed as the prosecution had succeeded in linking the accused with the offence of collection of funds to aid terrorism.
He however called on the defense to give reasons why the court should not accept the evidence brought forth by the prosecution, explaining that his reason for postponing the ruling earlier scheduled for May 16, 2017, was to attend to the burial of his late brother.
Justice Kolawole noted that according to law, a person found guilty of aiding and abating terrorism is liable to a sentence for life, adjourning the matter to July 5, 2017 for the defense to open its case on treasonable charges.
SEYI ANJORIN, Abuja
