Court orders Okah and others back in SSS custody

Court orders Okah and others back in SSS custody

A federal high
court in Abuja yesterday ordered Charles Okah and three others accused
of terrorism and treasonable felony to be remanded in the custody of
the State Security Service (SSS) till December 15, 2010 when hearing of
their bail application will be taken.

The prosecution
filed two separate charges against the men: an eight count charge
concerning the October 1st bomb blast near Eagle Square, Abuja and a
one-count charge of 22 paragraphs bordering on explosion at a
post-amnesty seminar organized by Vanguard Newspapers in Delta state
where governors of Delta, Edo and Imo were in attendance.

The presiding
judge, Gabriel Kolawole, ordered the SSS to ensure that the accused
person are given access to their counsel and members of their family in
order for them to have adequate time and facilities to prepare their
defence.

He also ordered the
prosecutor to, within a period of 30 days from yesterday, provide the
proof of evidence to the defence counsel in order for them to prepare
for their case.

Delivering ruling
on the application of the defence counsel that their clients be
remanded in prison custody and not SSS detention,

Mr Kolawole said
“It would be in the interest of justice to remand the accused in the
custody of SSS so as not to compromise their security,” adding that the
decision “shall be subject to review on the next hearing.” He further
ordered the accused persons to file and serve their bail application to
the prosecution within 48 hours, just as he asked the proecution to
file and serve his reply within 72 hours upon receipt of the service
from the defence lawyers.

The charges

The prosecutor,
Alex Izinyon in the one count charge said “That you Charles Okah, and
Obi Nwabueze between the months of September 2010 and October 2010 both
months inclusive, in the Federal Capital Territory, Abuja within the
jurisdiction of the court deliberately and intentionally participated
in the commission of terrorists act, to wit, causing the explosion of
dynamite near the Eagle Square Abuja, venue of Nigeria’s 50th
Independence Anniversary celebration and thereby committed an offense
contrary to and punishable under Section 15 (2) of the Economic and
Financial Crimes Commission (establishment) Act 2004.

The second charge
of one count reads, “That you Charles Okah, Obi Nwabueze ,Tiemkemfa
Francis Osvwo (aka General Gbokos) between 13 day of March, 2010 and 14
October 2010 both days inclusive at the Federal Capital Territory,
Abuja and diverse places in Nigeria within the jurisdiction of the
court, did levy war against the state in order to intimidate or over
throw the president of the Federal Republic of Nigeria and you thereby
committed an offense contrary to and punishable under Section 37 (1) of
the Criminal Code, Cap 77 Laws of the Federation of Nigeria (LFN) 1990.

Specifically in the
17th paragraph of the one count charge, Federal the government said
that “Sometime in March, 2010, Obi Nwabueze took Bassey Umoren to
Emmanuel Allison’s house in Port Harcourt where the false compartment
were constructed into the booth of the two cars which concealed with
time regulated explosive devices that were detonated at Government
House Annex, Warri for the purpose of levying war against the state.”

Before their
arraignment yesterday, the accused persons had been brought before a
Chief Magistrate court in Abuja where their lawyers told the court that
it has no jurisdiction to hear the matter.

They also prayed
magistrate, Hafsat Soso to ensure that the matter is taken to the
appropriate high court. It was for this reason that the case was
transferred to the federal high court.

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