After initial setbacks, Henry Okah has finally taken his push for bail in Johannesburg to a high court with the court fixing Jan. 4 for commencement of the appeal.
Okah is charged with terrorism-related offences in connection with the Oct. 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 Nov. 19.
The counsel to Okah, Rudi Krause, said in Johannesburg on Tuesday that the appeal had been set for Jan. 4, 2011.
He insisted that the magistrate's court erred by not granting his client bail given the facts presented during the hearing.
Okah had argued in the bail application that he was innocent of the charges levelled against him and 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.
Okah had also insisted that he was not a member of the Movement for the Emancipation of Niger Delta , 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.
The prosecution had, however, maintained that 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 Oct. 1 bombings.
Nigeria's Attorney-General Mohammed Adoke, in an affidavit to the court, also urged the court not to grant Okah bail.
Magistrate Hein Low, in denying him bail, held that he was convinced that 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 Okah was that his wife, Azuka, in her own handwriting, had referred to him as leader of MEND in some correspondences.
Louw said that Okah had been untruthful in the witness box and the court could not put any weight on his testimony.
He said that Okah had used the collective nouns we and us in his diary entries on the militancy in the Niger Delta, which showed he was part of it.
The magistrate said that the court was not convinced by Okah's explanation that entries with regard to military warfare in his diary were for academic purpose, stating that he had not given magazines from which he made the research.
Louw berated Okah for saying in the dock while under cross-examination that he could not remember many things about his diary entries and his indication that some of the entries were codes left the court with suspicion.
He said that Okah had not satisfied the court that in the balance of probability he would be acquitted if the case went on trial in spite of his claims.
Louw ruled that Okah should remain in the single cell in the Johannesburg prison until the next adjourned date of Feb. 11.
Okah is charged with terrorism-related offences in connection with the Oct. 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 Nov. 19.
The counsel to Okah, Rudi Krause, said in Johannesburg on Tuesday that the appeal had been set for Jan. 4, 2011.
He insisted that the magistrate's court erred by not granting his client bail given the facts presented during the hearing.
Okah had argued in the bail application that he was innocent of the charges levelled against him and 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.
Okah had also insisted that he was not a member of the Movement for the Emancipation of Niger Delta , 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.
The prosecution had, however, maintained that 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 Oct. 1 bombings.
Nigeria's Attorney-General Mohammed Adoke, in an affidavit to the court, also urged the court not to grant Okah bail.
Magistrate Hein Low, in denying him bail, held that he was convinced that 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 Okah was that his wife, Azuka, in her own handwriting, had referred to him as leader of MEND in some correspondences.
Louw said that Okah had been untruthful in the witness box and the court could not put any weight on his testimony.
He said that Okah had used the collective nouns we and us in his diary entries on the militancy in the Niger Delta, which showed he was part of it.
The magistrate said that the court was not convinced by Okah's explanation that entries with regard to military warfare in his diary were for academic purpose, stating that he had not given magazines from which he made the research.
Louw berated Okah for saying in the dock while under cross-examination that he could not remember many things about his diary entries and his indication that some of the entries were codes left the court with suspicion.
He said that Okah had not satisfied the court that in the balance of probability he would be acquitted if the case went on trial in spite of his claims.
Louw ruled that Okah should remain in the single cell in the Johannesburg prison until the next adjourned date of Feb. 11.
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