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Written by Tunde Oyesina, Abuja, with Agency Report

Friday, 22 October 2010

THE Johannesburg Magistrates’ Court, was on Thursday, told that Henry Okah allegedly instructed his co-conspirators to buy the two cars used in the Nigerian Independence Day bombings.

“Prior to the detonation of the two improvised explosive devices on October 1, in Abuja, two vehicles, namely a Honda and a Mazda 626 were purchased in Lagos on the instruction of the accused, by persons complicit in the crime,” State prosecutor, Shaun Abrahams, said, while arguing against Okah's bid for bail.

Abrahams read from an affidavit compiled by investigating officer, Lieutenant-Colonel Graeme Zeeman.

The two cars were loaded with dynamite and parked on a road near a prominent hotel in Abuja, where the celebrations took place. About 14 people were killed in the explosions.

Abrahams said Okah had been in contact with Chima Orlu, one of the two men wanted in connection with the bombings.

A short messaging service (SMS) Orlu sent and which read, “Done, tell them to leave,” was forwarded to Okah on the day of the October 1 attacks.

Orlu’s telephone records show that on October 1, he made a total of 43 voice calls and sent 27 text messages to co-perpetrators and co-conspirators.

Ben Ebere had been in telephonic and SMS contact with Okah right up to September 29. There were 1,126 calls from Okah to Ben Ebere, a.k.a Ben Jesse, from August 7 to 29 September.”

Okah’s lawyer also on Thursday asked the State to supply him with copies of cellphone records used as evidence to link him to the Abuja Independence Day car bombs.

Responding to the State’s evidence in the Johannesburg Magistrates’ Court, Okah denied he had been in contact with Chima Orlu or Ben Ebere (also known as Ben Jesse), whom Nigerian authorities were searching for in connection with the October 1 attacks.

Meanwhile, the State Security Service (SSS), on Thursday arraigned Charles Okah and six other persons suspected to have masterminded the October 1, bomb blasts before a chief magistrates’ court sitting in Abuja.

The suspects, who were driven to the court in two Peugeot vehicles without registration numbers at about 8.58 a.m., were accused of carrying out a terrorist act, conspiracy to cause bodily harm as well as felony against the state.

Counsel for the accused and journalists as well as officers of the court were prevented by SSS operatives from entering the courtroom.

Mr Onyekwu Higher-King, counsel for Earnest Wosu, who expressed his displeasure at his exclusion from the court proceedings on Thursday, said what SSS brought were only holding charges.

He observed that the offences for which the accused were brought to court might not be within the jurisdiction of a magistrates’ court. For this reason, he noted that it could be a measure adopted by the security agency to have more time to carry out more investigation before a real charge would be brought to court.

Owing to the manner adopted by the SSS operatives in bringing the suspects to court, it was not clear whether the suspects were actually arraigned in order for them to take their pleas or not.

It was, however, gathered that Chief Magistrate Oyebola Oyewumi ordered the prosecution to ensure that the suspects were given access to their counsel at the next adjournment date, being November 24, 2010, in the interest of justice.

The earlier First Information Report (FIR) brought pursuant to section 177 (1) of Criminal Procedure Code (CPC) serial number 2013/F dated October 8, 20110 stated where-in the first accused persons were arraigned stated that: “On or about 2nd September to October 1st, 2010 at Abuja, FCT, Edmond Ebiware, Rapheal Damfebo and Earnest Wosu conspired with one Henry Okah and others now at large to unlawfully prepare, plant and detonate explosives devices stored in motor cars and did carry out the said conspiracy which resulted in the death of 12 persons and destruction of public property at Shehu Shagari Way, Maitama, Abuja, FCT and thereby committed the following offences; criminal conspiracy to commit a felony, intimidation and threat to life; voluntarily causing grievous hurt by dangerous means; contrary to sections 97, 397 and 248 (2) of the penal code punishable under the same respective sections of the penal code.

“Further, the accused persons also committed conspiracy to commit a felony, to wit treason, treasonable felony and terrorism contrary to sections 410 and 412 of the penal code (federal offences) and 15(2) of the EFCC Act, 2004 and punishable under the same sections of the respective penal code and ECFCC Act 2004.”

A certified true copy of the FIR, signed by the Chief Registrar of the Chief Magistrates’ Court which was obtained on Thursday and made available to newsmen, contained the said information.

Mr Onyekwu Higher-King, counsel for Earnest Wosu, who was also barred from entering the court, told newsmen that the action of the SSS and the whole procedure shrouded in secrecy was unknown to law.

“Come to think of it, Ernest Wosu, who is my client was arrested just because he is a younger brother of one of the accused persons, Chima Orlu, who happened to be declared wanted in connection with the bomb blasts.

The counsel asked, “when crime has become transferable in Nigeria, from somebody to somebody?”

Charles Okah’s lawyer, Ogenobo Otemo, who said he was instructed by Okah’s family to represent Charles Okah, Henry Okah’s brother, said, “if you charge anybody to court, no matter the offence he is alleged to have been committed, he enjoys constitutional rights to be represented by counsel of his choice, I have been barred from entering the court to see my client, which is rather unfortunate,” he stated while condemning the action of the SSS.

Ugochukwu Ezekiel, counsel for another accused, Edmond Ebiware, also joined in condemning the secret arraignment of the accused, adding that, “how do we give the court the opportunity to determine the guilt or otherwise of the accused person if he or she is not given the opportunity of being represented in court by a counsel,” and described the action as horrible.

“What happened on October 1 is condemnable and we are not sure who committed the crime, it is only when lawyers are allowed to represent the accused persons that we will know who did it,” he stated.

When asked why the arraignment was shrouded in secrecy, the Public Relations Officer of the SSS, Mrs Marylyn Ogar said, “all I know is that the accused persons have been brought to the court,” and declined further comment on the issue.