Henry Okah, militant leader, charged with treason

By Our Reporter - 06.03.2008

THE Federal Government has formally charged leader of the Movement for the Emancipation of Niger Delta, Mr. Henry Okah, with treason. The maximum penalty for treason in the Nigerian constitution is death. Okah was arrested in Angola in September and handed over to Nigeria on February 14. He has not been seen in public since his return, which has raised tensions in the Niger Delta area.

An associate arrested and handed over at the same time, Edward Atatah, also faces some of the same charges as Okah. Salihu Aliyu, the Director of Public Prosecutions, released to journalists a 14-count charge sheet against Okah. He said the main offence was treason and if convicted, Okah could face death.

In the first count, Okah and Atatah are accused of conspiring with others "with intent to levy war and overawe the legitimate government of Nigeria."

The second count alleges that the duo’s trip to Angola was to buy a ship for use in arms smuggling to the Niger Delta. The men's lawyers had previously said they were thinking of buying a trawler and had no criminal intent.

Other charges relate to the smuggling or illegal possession of huge quantities of weapons and all but one are directed at Okah alone. The charge sheet lists arms shipments alleged to have been provided to armed groups in the Niger Delta Area, including the MEND, such as "250,000 assault rifles, general purpose machine guns, rocket propelled launchers/canisters, bazookas and assorted ammunition."

An appendix says Okah "openly advocated armed struggle in the Niger Delta" and that he "exploited the crisis in the region to enrich himself." Some of the details contained in the charges are similar to accusations levelled against Okah last year by Mujahid Dokubo-Asari, a prominent Niger Delta militia leader. Dokubo-Asari alleged that Okah had supplied arms to his Niger Delta People's Volunteer Force (NDPVF) but they had later fallen out.

Meanwhile, Okah on Wednesday got a reprieve to have access to his counsel, doctor and family. The News Agency of Nigeria (NAN) reported that the court ruled, however, that anyone visiting Okah must pass through security checks. The reprieve followed an understanding reached in court between the DPP and Okah’s counsel, Mr. Femi Falana.

Justice Babs Kuewumi of the Federal High Court, Abuja, who agreed with the parties, asked them to work out the modalities to allow Okah to get access to his said visitors. Falana had told the court that he received “a motion on notice this morning as well as an affidavit.’’

He said that he was delighted to read from the documents that the DPP had agreed to discuss with him to work out modalities for Okah to have access to his lawyer and members of his family. The prosecution had earlier told the court that Okah had promised to be of good behaviour and that government would ensure that his fundamental rights were not infringed upon.

Kuewumi struck out the motion on notice and adjourned till April 9, for hearing. The judge, however, cautioned newsmen not to sensationalise their reports or stand the risk of being barred from covering the proceedings.