BEVERLY HILLS, CA, November 29, (THEWILL) – A Federal High Court sitting in Abuja, Friday discharged and acquitted two Lebanese businessmen, Mr. Mustapha Fawaz and Mr. Abdallah Thahini, of criminal and terror related charges filed against them by the Nigerian government.
The court presided over by Justice Adebiyi Ademola, however sentenced Mr. Talal Ahmad Roda, the third accused person and also a Lebanese national, to life imprisonment having found him guilty of conspiracy in the matter.
The court also discharged Amigo supermarket and Wonderland Amusement Park saying the state failed to present credible evidence linking firms with terrorism.
THEWILL recalls that the State Security Service (SSS) had months ago sealed off the businesses after accusing the owners of being terrorists.
UPDATE:
The Federal High Court sitting in Abuja on Friday handed down a life jail term to a Lebanese, Talal Ahmad Roda, accused of terrorism activities over the Hezbollah armoury busted in Kano a couple of months ago as he was found guilty of conspiracy.
His two other compatriots, Mustapha Fawaz and Abdallah Thahini, were however set free as they were absolved of the 16-count criminal charge slammed on them by the Federal Government. Presiding judge, Justice Adeniyi Ademola, held that the prosecution failed to prove beyond reasonable doubts that the discharged persons are terrorists.
The two organisations, Amigo Supermarket and Wonderland Amusement Park, Abuja, charged along with the accused were also discharged as the court found no concrete evidence to link them with terrorism.
Justice Ademola held that the domesticated laws in Nigeria have not pronounced Hezbollah military group as a terrorist group and as such, the court cannot hold on the contrary.
Ademola noted that all the 16 counts preferred against the three Lebanes bordered on conspiracy as he stressed that some aspects of the investigation was shady.
He said the prosecution failed by the evidence brought before the court to establish a case of terrorism against the accused persons as the court held that the ammunition seized from No.3 Gaiya Road, Kano ought to have been brought to the court.
The court held that failure to do this by the prosecution makes the evidence inadmissible.
The judge also noted that the witness brought by the prosecution who conducted the search confessed that he was neither a forensic or ballistic expert.
The court was about to pronounce sentence on the convict when counsel to the accused persons, Ahmed Raji, SAN, asked the judge to temper justice with mercy.
He premised his allocutus on ground that the convict co-operated with the security agencies  throughout the trial and that he has lived his entire life in Nigeria.
The prosecution counsel, Simon Egede, said he shared in the sentiment of the defence counsel but the law must take its course.
He noted that the punishment for conspiracy is life imprisonment as he urged the court to follow the law in making its pronouncement.
It was at this point that the trial judge rose for about 45 minutes.
In his ruling, 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.
“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 Count 8 and 9 and both terms are to run concurrently,” he said.
He further ruled that both Amigo Supermarket and Wonderland Amusement Park, all in Abuja be re-opened with immediate effect.
He added that the $61,170 seized from the second accused be returned to him and that all other the personal properties seized from the discharged persons and their relatives be returned to them forthwith.
The Federal Government had on July 29 arraigned the accused persons over alleged link with Hezbollah military group following the busting of an armoury in Gaya road residence in Kano.
They were further accused of plotting attacks against Western and Israeli targets in the country. When the charges were read to the accused persons, they all pleaded not guilty, after which the prosecution opened its case against them.
