The decision of the South African Court to convict a former leader of the Movement for the Emancipation of the Niger Delta (MEND), Mr. Henry Okah of charges relating to terrorism was politically motivated and legally incorrect. His counsel Festus Keyamo has said.
Okah was convicted of 13 terrorism charges, most prominent of which is the twin car bombings that killed 12 people in Abuja on Independence Day, October 1, 2010.
Delivering the verdict in the South Gauteng High Court, Judge Nels Claasen said he had come to the conclusion that the state proved the guilt of the accused beyond reasonable doubt.
Asides the 2010 Independence Day attacks that he was convicted for spearheading, he was also convicted for plotting two explosions in Warri, Delta State in March 2010.
Okah’s MEND had claimed responsibility for the attacks but the accused denied involvement in the blasts, saying the charges were politically motivated. He equally denied leading MEND but expressed sympathy with their goals.
However, after unearthing documentary evidence, particularly his wife’s handwritten notes, the South African court established that Okah was indeed MEND’s leader, and his sentence will hold on January 30.
However, his lawyer, Keyamo who has been actively involved in coordinating the trials both in South Africa and in Nigeria, believes the fundamental flaw in the trial is that Henry Okah was not given adequate facilities and the opportunity to defend himself.
This is because after the prosecution closed its case in South Africa, the defence attorneys and his chambers in Abuja tried frantically to summon the witnesses of Henry Okah who are based here in Nigeria to testify on his behalf. These witnesses include some government officials
“In this regard, we wrote to the Attorney-General of the Federation who replied and directed that Henry’s counsel in South Africa apply to the court there for an order to secure the legal assistance of the Attorney-General of Nigeria,” he said.
“This was only two weeks ago (please, find attached a copy of the letter from the Attorney-General of the Federation to my office and note that the date on the letter was mistakenly given as 8th January 2012 instead of 2013.)
“Without giving Henry’s counsel in South Africa adequate time and facilities to follow the directives, the South African court foreclosed his opportunity to call witnesses and rushed to convict him.
He described the step as a breach of his fundamental right to fair hearing and an obvious attempt by the South African authorities to please Nigeria at all cost.
“That is why the judgment is nothing but political. Whilst all Nigerians empathise with those who lost their lives and limbs in the October 1, 2010 bombing, it is wrong to convict anybody for it without due process. Henry has been convicted without due process.
“I condemn this judgment and call on Nigerians and the international community to condemn the trial and judgment of Henry Okah whose only offence was his refusal to accept the so-called amnesty offered by the Yar’Adua-Jonathan administration and his insistence on the Niger-Delta controlling its resources.
“With the recent condemnation of Jonathan by some militants who initially accepted the amnesty programme, I am sure they now know that Henry Okah was correct not to have accepted the poisoned chalice called amnesty.
He urged the Nigerian government to “immediately use all diplomatic efforts to ensure that Henry Okah does not die in a South African prison and for the South African government to grant him unconditional pardon.”
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