Oct 1 2010 bombing: Court dismisses Okah’s no case submission

. Directs Okah, Nwabueze to enter defence
.Discharges them on treason charge

Justice Gabriel Kolawole of the Federal High Court, Abuja on Thursday dismissed the “no cases” submission made by Charles Okah and Obi Nwabueze who are standing trial on eight count charge over the October 1, 2010 Independence Day bombing in Abuja that resulted in the death of 12 persons and injured several others.

Ruling on the defendants’ applications that was argued by their counsel on April 3, 2017, Justice Kolawole said that after listening to the oral submissions of the parties and read their addresses and considered the evidences of 17 prosecution witnesses, “it is my view that the prosecution has established a prima-facie case against the defendants.”

The judge said that the evidences of Prosecution Witness (PW2) who constructed a hidden compartment in the Mazda 266 car used in the bombing, PW 6, PW 5 and PW 11 have shown a prima-facie case against the 1st defendant (Charles Okah) while the evidences of prosecution witnesses PW 2, PW 4, PW 5, PW 9, PW 11 and PW 15 the driver who drove the Mazda 266 car from Port-Harcourt to Abuja as well as exhibits tendered in court also established a prima-facie against the 2nd defendant, Obi Nwabueze.

While reviewing the evidences of the witnesses and exhibits, Justice Kolawole noted that there was evidence before the court that Charles Okah is the sole signatory to Tombra Life Support company bank account at Zenith Bank where a cheque of N2 million issued by the company was cashed for the payment of two Mazda 266 cars. There are also evidences that one of the cars developed fault while in Port – Harcourt and it was parked in the defendant’s compound in Port-Harcourt while the other was moved to Abuja.

What is important at this stage, he ruled, is to determine whether the evidences indict the defendants and “I answer in affirmative.”

On whether the evidences in the light section 15 (1) and (2) of EFCC Act which provides that person who willing fully collects money to be used to facilitate or support terrorism is liable to life imprisonment have been discredited, Justice Kolawole said:

“I am unable to reach agreement that the evidences adduced have been discredited for the defendants not to be called to enter defence.”

The Federal Government had brought two charges Number as 186/FHC 2010/ which carries life sentence and a felony charge Number 187/FHC/2010 which carries death sentence against the four defendants.

Justice Kolawole on Thursday struck out charge number 187. He said the prosecution did not lead evidence to show that the President was intimidated or ferried out of the scene nor did prosecution call any DSS operatives that shielded him.

Charles Okah, Obi Nwabueze, Edmund Ebiware and Tiemkemfa Francis Osvwo, a.k.a General Gbokos, were charged for the bombing in 2010. The Federal Government amended the charge in 2011 after Tiemkemfa Francis Osvwo died in custody.
Edmund Ebiware, who had his trial conducted separately, got a life jail term.

Okah’s lawyers, Mr. Emeka Okorafor, told the court he will call three witness to prove Okah innocent while Nwabueze’s lawyer, Oghenovo Otemu, said he will call about five witnesses.

The trial has been adjourned to July 5, 2017 for the defendants to open their defence.