Wednesday, December 8, 2010

Court orders Okah and others back in SSS custody


The prosecution filed two separate charges against the men: an eight count charge concerning the October 1st bomb blast near Eagle Square. 

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.
Source:234next.com

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