South African judge, Neels Claassen of the High Court in Johannesburg, pronounced Okah’s sentencing, which included 12 years imprisonment for each bombing and 13 years for threats made to the South African government after his arrest shortly after the bombings. The 13-year jail term will be served concurrently with the 24 years.
However, his family said they would appeal the judgment, which attracted varied reactions yesterday from Niger Delta militants and Lagos lawyer, Mr. Festus Keyamo.
Minister of Information, Mr. Labaran Maku, who was contacted on the federal government’s reaction to the jail term handed Okah, maintained his silence while members of the House of Representatives said it was too early to make any informed comment on the judgment.
Okah was convicted in January on a 13-count charge for acts of terrorism and masterminding the twin car bombings, which killed 12 people and wounded more than 30 others.
He was arrested in Johannesburg a day after the two cars rigged with bombs exploded near the Eagle Square, venue of the 50th anniversary celebration of Nigeria's independence.
Despite the fact that MEND, which he leads, claimed responsibility for the attacks, he had denied the charges.
The group had accused the federal government of failing to alleviate poverty in the oil-rich Niger Delta, where Nigeria derives a large chunk of its foreign earnings.
In 2006, militants from groups like MEND started a wave of attacks targeting foreign oil companies by bombing their facilities, kidnapping their workers and fighting against security forces.
When Okah was convicted, Judge Claassen had said the state had proved its case beyond reasonable doubt and Okah’s failure to testify meant the evidence was uncontested.
Okah, who was a resident in South Africa, said the case against him was politically motivated.
In 2008, he was arrested in Angola and extradited to Nigeria, where he was accused of treason and terrorism and linked to a gunrunning scandal involving high-ranking military officials. His arrest and trial sparked an escalation in MEND attacks.
At its peak, the instability in the Niger Delta cost Nigeria about $1 billion in lost revenue, Reuters news agency quoted the Central Bank of Nigeria (CBN) as saying.
The attacks ebbed in 2009 with a government-sponsored amnesty programme promising ex-fighters monthly payments and job training.
Charges against Okah were dropped and he was freed in July 2009 as part of the amnesty programme.
Prosecutors had argued that although Okah is not a South Africa citizen, the country had the jurisdiction to try him under the International Co-operation in Criminal Matters Act.
Analysts believe it would have been too dangerous for him to be tried in Nigeria because of the presence of his militant supporters.
In a swift reaction to the jail term given its leader, MEND, in a three-paragraph statement signed by its spokesperson, Jomo Gbomo, said it was disappointed that the South African court was influenced by Nigeria. It however said Okah’s incarceration would not affect its activities.
“The governments of South Africa and Nigerian should realise that this planned sentencing of Henry Okah would not in any way, shape or form, change our struggle as we will remain dedicated to our cause until we achieve full justice and emancipation for the Niger Delta and its people,” it said.
Another statement purportedly from MEND described the jail term given Okah as “injustice.”
In the statement signed by “Comrade Azizi,” the group said: “Boko Haram has killed more innocent Nigerians than any other militancy group in the country and yet their spokesperson was handed a three-year sentence; this is the height of injustice to our region and people which will be resisted by all means necessary.”
The statement said consultations were ongoing with some stakeholders and elders of the region and that its position would be made known thereafter.
Also, Keyamo in a statement released online Tuesday, faulted Okah’s sentencing, saying the court’s decision was flawed.
He said his position on Okah’s trial and subsequent conviction had not changed since January 21, when he released a statement, shortly after the South African court convicted Okah, in which he condemned the trial and conviction of the militant leader.
“I am also compelled to condemn the decision to sentence Henry Okah to 24 years imprisonment today (yesterday) which is fallout of the earlier trial which was totally flawed.
“The reasons I gave in January for condemning the conviction are the same reasons I give now for condemning the sentence,” he said.
In his January statement, Keyamo, a counsel to the convict, had described Okah’s conviction as “politically motivated and legally incorrect.”
But the Ijaw Youth Council (IYC) differed from Keyamo and MEND in its reaction to the court judgment as the council said Okah deserved the sentence he got.
President of the IYC, Mr. Miabiye Kuromiema, told THISDAY that when Okah chose to tow a different path from the position of the Ijaw people, he had already decided to bear his own cross.
“The reality is that Henry Okah chose a different path. He didn’t want to join the general trend. We will be with him during his travail; we will not reject him, but the reality is that this is the choice he has made. I believe he is capable of carrying that cross,” he said.
Kuromiema recalled that many ex-militants were personally against the amnesty offered by the federal government but they had to accept it because it was the decision of the majority of the people of the region.
He said those who refused to accept the amnesty, such as Okah, were still carrying the burden of their decision.
Celestine Akpobiri of Social Action said the sentence was politically-motivated, adding that Okah was jailed not “because of the crime, but an arrangement between the South African government and Nigeria."
But another militant, Ese George, said Okah deserved the jail term, adding: “It should serve as deterrent to others who want to continue with crime, because a crime is a crime anywhere and any person found guilty should be charged accordingly.”
SOURCE: ThisDay
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