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 our reporter 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.]]>

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