Nigeria Content Online

After initial
setbacks, Henry Okah has finally taken his push for bail in
Johannesburg to a high court with the court fixing January 4 for
commencement of the appeal.

Mr. Okah is
charged with terrorism-related offences in connection with the October
1 bombings in Abuja, and is being held in custody at a Johannesburg
prison following the denial of his bail application by a Johannesburg
magistrate’s court on November 19.

The counsel to
Mr. Okah, Mr Rudi Krause, told the News Agency of Nigeria (NAN) in
Johannesburg on Tuesday that the appeal had been set for January 4,
2011.

He insisted that the magistrate’s court erred by not granting his client bail given the facts presented during the hearing.

Mr. Okah had
argued in the bail application that he was innocent of the charges
levelled against him and promised he would not evade trial as he was
not prepared to live as a fugitive.

He had argued
that underlying evidential materials relating to his alleged phone and
e-mail contacts with suspected perpetrators of the bombings had not
been provided because they were non-existent and could only have been
fabricated.

Mr. Okah had also
insisted that he was not a member of the Movement for the Emancipation
of Niger Delta (MEND), which had accepted responsibility for the attack.

He further said that he was convinced he would be let off the hook if the case eventually went on trial.

The suspect had also told the court that he had health concerns and was due for an operation.

Illegal occupant

The prosecution
had, however, maintained that Mr. Okah remained a flight risk as he was
living illegally in South Africa and had the ability to influence
investigations into the matter if granted bail.

The state urged
the court to keep him in custody as it had a strong case against him
and had evidence of his contact with the perpetrators of the October 1
bombings.

Nigeria’s Attorney-General Mohammed Adoke, in an affidavit to the court, also urged the court not to grant Mr. Okah bail.

Magistrate Hein
Louw, in denying him bail, held that he was convinced that Mr. Okah was
indeed the MEND leader contrary to his claims and MEND had accepted
responsibility for the bomb blasts in Nigeria, which claimed no fewer
than 12 lives.

The magistrate stated that probably the most damning evidence
against him was that his wife, Azuka, in her own handwriting, had
referred to him as leader of MEND in some correspondences.