Court orders unsealing of Amigo S’market, Wonderland Park
…. Acquits owner of terrorism charges, jails one
THE Federal High Court sitting in Abuja yesterday discharged and acquitted two Lebanese, Mustapha Fawaz and Abdallah Thahini of criminal and terror related charges filed against them by the Federal Government from the 16- count criminal charge slammed on them by the federal government.
The court, however, sentenced the third accused person, Talal Ahmad Roda to life imprisonment having been found guilty of conspiracy.
The court also discharged Amigo Supermarket and Wonderland Amusement Park as no concrete evidence was established against the two organizations linking them with terrorism.
The trial judge, Justice Adeniyi Ademola held that the prosecution failed to prove beyond reasonable doubts that the discharged persons are terrorists.
He further held that going by the domesticated laws in Nigeria, it has not pronounce Hezbollah military group as a terrorist group and that the court cannot hold on the contrary.
Justice Ademola who highlighted all the 16 counts preferred against the three Lebanese, freed Fawaz and Thahini while Roda was convicted on Counts 8 and 9 which bother on conspiracy.
The court, however, noted that some aspects of the investigation was shady.
Specifically, the court held that the ammunition seized from No 3 Gaiya Road, Kano ought to have been brought to the court, or the photographer who took the picture or better still bring an application to move the court to the site in Kano.
The court held that failure to do this by the prosecution makes the evidence inadmissible.
Justice Ademola held that the charge under which the 3rd accused person was convicted provides for life imprisonment and the court has no discretion to vary it.
According to him, “I have listened to the allocutus of the defence counsel on the issue of sentencing.
“After I have read one or two authorities as to the provision where the accused was charged, it does not give room for judicial discretion.
“I thereby sentence the third accused person to life imprisonment on Counts 8 and 9 and both terms are to run concurrently”.
The court further ordered that both Amigo Supermarket and Wonderland Amusement Park, all in Abuja be unsealed with a immediate effect.