In what appeared to be a major breakthrough in Nigeria’s war against terror, a former leader of the Movement for the Emancipation of the Niger Delta, Henry Okah, was on Tuesday sent to 24 years in prison by a South African court sitting in Johannesburg.
“Effectively, the accused Okah is therefore sentenced to 24 years imprisonment,” said Judge Neels Claassen.
Twelve people were killed in the bomb attacks in the Nigerian capital as the country was celebrating the 50th anniversary of its independence.
The state argued that Okah showed little remorse during the trial, and that his intentions in the bombings were to “obtain maximum casualties.”
The Movement for the Emancipation of the Niger Delta (MEND), which in 2010 was a well-equipped armed group fighting for a greater share of the Delta oil wealth, claimed responsibility for the attacks.
Okah, who has permanent residency in South Africa, has denied any involvement in the bombings, claiming the charges against him were politically motivated.
The 46-year-old was also found guilty over two explosions in March 2010 in the southern Nigerian city of Warri, a major hub in the oil-rich Delta region.
State prosecutor Shaun Abrahams revealed that the sentence included 12 years each for the Warri and Abuja attacks. He was also sentenced to 10 years for being a threat to South Africa, a term that will run concurrently.
Abrahams said the prosecution – which had asked for a maximum of life in prison – will consider appealing the sentence.
The accused is sentenced to 12 years for counts 2,4,6,8 and 10 for the Abuja bombings. The accused is sentenced to 10 years for the threat to the government of Nigeria.
“However, the sentence for counts 2,4,6,8,10 and 13 will run concurrently. In all the accused is hereby sentenced to 24 years in prison.”
MEND, in a statement by its spokesman, Jomo Gbomo, described Okah’s trial in South Africa as a sham.
The group’s statement issued on Tuesday reads, “The Movement for the Emancipation of the Niger Delta received with incredulity the 24 years sentence planned on Henry Okah after a sham trial in a South African kangaroo court.
“We are disappointed but not surprised that the South African judiciary has allowed itself to be compromised by the highly corrupt Nigerian government.
“The governments of South Africa and Nigerian should realise that this planned sentencing of Henry Okah would not in any way, shape or form change our struggle as we will remain dedicated to our cause until we achieve full justice and emancipation for the Niger Delta and its people.”
In January, during judgment, Claassen said the state had proved Okah’s guilt beyond reasonable doubt, and that his failure to testify meant the evidence against him remained uncontested.
Okah had denied any involvement, claiming the charges against him were politically motivated.
Meanwhile, Ijaw youths on the platform of the Ijaw Youths Council and the Ijaw Monitoring Group on Tuesday reacted to the jailing of Okah, saying he would not be abandoned by his people.
The President of the IYC, Mr. Abiye Kuromiema; and the President of the IMG, Mr. Joseph Evah, separately said they would uphold the ideals that Okah stood for.
Kuromiema said Ijaws would not abandon Okah no matter where his current travail might lead him.
He said, “Our position is that Ijaw people do not abandon our people. As a people, we did all we could to prevent Okah from going the way he did. It happened with Asari Dokubo, Ateke Tom, and others through the Amnesty programme but he chose to go this way.
“Ijaw people are not going to abandon him in his travails. He is carrying a big cross and we don’t know where this will lead him, but we won’t abandon him.”
Evah said that he was sad about the sentenceing, describing the outcome of the trial as unfortunate.
He wondered why trials of those arrested for terrorism in Nigeria were delayed by adjournments and other methods while those involving the Ijaws were speedily done.
“We are sad about it because he is our brother. It is unfortunate the type of terror trial in South Africa and what we have in Nigeria.
“We are not seeing the type of speedy trials of terror suspects here in Nigeria; we are only seeing adjournments and delays here.”
But a Lagos-based lawyer Jiti Ogunye, said Nigeria had a lot of lessons to learn from the trial of Okah by the South African court.
Ogunye said, “Henry Okah has had his day in court. He has been convicted and sentenced and he has the right to appeal the judgment if he is dissatisfied. One thing that is noteworthy, however, is the speed of justice delivery in the South African court.
“One cannot but recognise the speed and this has not been the case in two Nigerian judicial system where justice is almost forever delayed.
“I think by today’s verdict we have learnt another lesson from South Africa, that a political trial or a trial that involves a high personality can indeed be wrapped up in record time and thereafter, a dissatisfied party can then exercise his constitutional right of appeal.”
Okah is thought to be the first foreign national to be tried for terrorism in South Africa. He has been in custody since his arrest in October 2010, a day after the Abuja bombings.
Okah did not testify during trial, prompting the judge to say that his failure to take the stand meant the evidence against him remained uncontested.
He has had several run-ins with the law. In September 2007, he was arrested for arms and explosives trafficking in Angola and later extradited to Nigeria.
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