May 1, 2008
President Umoru Musa Yar’adua,
Presidential Villa,
Aso Rock,
Abuja.
Your Excellency,
HENRY OKAH’S TRIAL – A DESIGN TO COVER UP MILITARY OFFICERS WHO SUPPLY ARMS TO NIGER DELTA MILITANTS.
We are Solicitors to Mr. Henry Emomotimi Okah (hereinafter referred to as “our client”) on whose behalf we write this letter.
In your media chat broadcast by the Nigerian Television Authority on Thursday, May 29, 2008 you made some prejudicial comments on the on-going trial of our client for treason, treasonable felony and related offences contrary to your Administration’s belief in the rule of law. Notwithstanding the presumption of innocence which inures in his favour you justified our client’s trial in camera on the ground that he had jeopardized “national security”. Having condemned him before the commencement of the secret trial you turned round to assure Nigerians that “justice will be done according to law.”
Convinced that the Presidency has not been fully briefed on the facts and circumstances which informed the “strong security advice” to try our client in camera we deem it fit to state as follows:
1. Sometimes in July 2007 Your Excellency and the Bayelsa State Governor, Chief Tiempreye Silva had a telephone conversation with our client wherein you solicited his support in restoring peace to the Niger Delta. Without any hesitation, our client assured you of his co-operation on the condition that the crisis of the underdevelopment of the Niger Delta would be genuinely addressed by Your Administration.
2. Pursuant to the aforesaid conversation a Delegation of the Federal Government led by the Vice President, Dr. Jonathan Goodluck met our client in Pretoria, South Africa on August 4, 2007. The meeting resolved to establish a Niger Delta Peace Committee charged with the responsibility of persuading the militant groups to lay down their arms. Although our client declined the request to head the Committee the two persons nominated by him were made its chair and secretary.
3. As a demonstration of good faith the Movement for the Emancipation of the Niger Delta (MEND) and other militant groups declared a unilateral ceasefire and suspended all military operations. Before the Peace Committee began its assignment the Federal Government instigated the arrest of our client and his friend, Mr. Edward Atatah in Luanda, Angola on September 3, 2007.
4. During their detention which lasted over 5 months the Angolan Security Forces investigated them and found that they had not committed the offences alleged against them by the Federal Government. However, their release from illegal custody was frustrated by the Federal Government which pressured the Angolan Government to deport them to Nigeria.
5. Consequently, Messrs. Okah and Atatah were deported to Nigeria on February 14, 2008. Upon their arrival they were railroaded into a military custody where they were held incommunicado. We had to approach the Federal High Court before we were granted access to them.
6. Contrary to the rule of law policy of not detaining criminal suspects without trial beyond 48 hours Messrs Okah and Atatah were not taken to court until they had been held illegally incarcerated for about 50 days. As Mr. Atatah was not linked with the charge of treason and related offences the Federal High Court discharged him on April 3, 2008.
7. But in utter defiance of the court order Mr. Atatah has remained in illegal detention for the past two months. Another citizen, Mr. Bassey Umoren who was arrested in Ogbara, Ogun State on March 5, 2008 on the ground that he once welded a vehicle for Mr. Okah has not been granted bail or charged to court. Both Messrs. Atatah and Umoren have been told that they would only regain their liberty if they accede to the request to testify against Mr. Okah in the secret trial!
8. It may also interest Your Excellency to know that the order of the Federal High Court that our client be remanded in the custody of the State Security Service has been treated with disdain by the Directorate of Military Intelligence which has continued to hold him.
9. The gravemen of the 55-count charge of treason is the allegation that Mr. Okah received assorted firearms to wit: AK 47 Rifles, Sub Machine Guns, Grenades, She Bareta, Uzi, Rocket Launchers, M12, Revolver Pistols, Magazines, and several crates of ammunition from certain military officers and distributed them to Niger Delta militant groups between 2003 and 2007.
10. Curiously, the military officers who allegedly removed the said arms and ammunition from the Armory in Kaduna have not been charged with treason or treasonable felony. We are however not unaware of the recent retirement of some army generals for smuggling arms to the Niger Delta.
11. Mr. Okah is also charged with terrorist acts by coercing the Federal Government and the Bayelsa State Government to pay N200 million as ransom for the release of 4 AGIP expatriate staff who were kidnapped in December 2006. But the highly placed government official who collected the said sum on behalf of a faceless militant group has since been appointed an Ambassador by Your Excellency!
In the light of the foregoing you will agree with us that the decision to try Mr. Okah in secret was not based on national security. It is a ploy by security forces to cover up the involvement of the Nigerian Army in the sustenance of violence in the Niger Delta.
Finally, in the aforesaid media chat you reiterated the commitment of your Administration to involve all stakeholders including the militants in the resolution of the Niger Delta crisis. In the circumstances you may wish to order the immediate withdrawal of the treason charge against Mr. Okah to enable him to take part in the search for lasting peace in the Niger Delta. In addition, we urge Your Excellency to order the immediate release of Messrs Edward Atatah and Bassey Umoren from illegal custody in line with your rule of law policy.
Yours sincerely,
FEMI FALANA Esq.
Presidential Villa,
Aso Rock,
Abuja.
Your Excellency,
HENRY OKAH’S TRIAL – A DESIGN TO COVER UP MILITARY OFFICERS WHO SUPPLY ARMS TO NIGER DELTA MILITANTS.
We are Solicitors to Mr. Henry Emomotimi Okah (hereinafter referred to as “our client”) on whose behalf we write this letter.
In your media chat broadcast by the Nigerian Television Authority on Thursday, May 29, 2008 you made some prejudicial comments on the on-going trial of our client for treason, treasonable felony and related offences contrary to your Administration’s belief in the rule of law. Notwithstanding the presumption of innocence which inures in his favour you justified our client’s trial in camera on the ground that he had jeopardized “national security”. Having condemned him before the commencement of the secret trial you turned round to assure Nigerians that “justice will be done according to law.”
Convinced that the Presidency has not been fully briefed on the facts and circumstances which informed the “strong security advice” to try our client in camera we deem it fit to state as follows:
1. Sometimes in July 2007 Your Excellency and the Bayelsa State Governor, Chief Tiempreye Silva had a telephone conversation with our client wherein you solicited his support in restoring peace to the Niger Delta. Without any hesitation, our client assured you of his co-operation on the condition that the crisis of the underdevelopment of the Niger Delta would be genuinely addressed by Your Administration.
2. Pursuant to the aforesaid conversation a Delegation of the Federal Government led by the Vice President, Dr. Jonathan Goodluck met our client in Pretoria, South Africa on August 4, 2007. The meeting resolved to establish a Niger Delta Peace Committee charged with the responsibility of persuading the militant groups to lay down their arms. Although our client declined the request to head the Committee the two persons nominated by him were made its chair and secretary.
3. As a demonstration of good faith the Movement for the Emancipation of the Niger Delta (MEND) and other militant groups declared a unilateral ceasefire and suspended all military operations. Before the Peace Committee began its assignment the Federal Government instigated the arrest of our client and his friend, Mr. Edward Atatah in Luanda, Angola on September 3, 2007.
4. During their detention which lasted over 5 months the Angolan Security Forces investigated them and found that they had not committed the offences alleged against them by the Federal Government. However, their release from illegal custody was frustrated by the Federal Government which pressured the Angolan Government to deport them to Nigeria.
5. Consequently, Messrs. Okah and Atatah were deported to Nigeria on February 14, 2008. Upon their arrival they were railroaded into a military custody where they were held incommunicado. We had to approach the Federal High Court before we were granted access to them.
6. Contrary to the rule of law policy of not detaining criminal suspects without trial beyond 48 hours Messrs Okah and Atatah were not taken to court until they had been held illegally incarcerated for about 50 days. As Mr. Atatah was not linked with the charge of treason and related offences the Federal High Court discharged him on April 3, 2008.
7. But in utter defiance of the court order Mr. Atatah has remained in illegal detention for the past two months. Another citizen, Mr. Bassey Umoren who was arrested in Ogbara, Ogun State on March 5, 2008 on the ground that he once welded a vehicle for Mr. Okah has not been granted bail or charged to court. Both Messrs. Atatah and Umoren have been told that they would only regain their liberty if they accede to the request to testify against Mr. Okah in the secret trial!
8. It may also interest Your Excellency to know that the order of the Federal High Court that our client be remanded in the custody of the State Security Service has been treated with disdain by the Directorate of Military Intelligence which has continued to hold him.
9. The gravemen of the 55-count charge of treason is the allegation that Mr. Okah received assorted firearms to wit: AK 47 Rifles, Sub Machine Guns, Grenades, She Bareta, Uzi, Rocket Launchers, M12, Revolver Pistols, Magazines, and several crates of ammunition from certain military officers and distributed them to Niger Delta militant groups between 2003 and 2007.
10. Curiously, the military officers who allegedly removed the said arms and ammunition from the Armory in Kaduna have not been charged with treason or treasonable felony. We are however not unaware of the recent retirement of some army generals for smuggling arms to the Niger Delta.
11. Mr. Okah is also charged with terrorist acts by coercing the Federal Government and the Bayelsa State Government to pay N200 million as ransom for the release of 4 AGIP expatriate staff who were kidnapped in December 2006. But the highly placed government official who collected the said sum on behalf of a faceless militant group has since been appointed an Ambassador by Your Excellency!
In the light of the foregoing you will agree with us that the decision to try Mr. Okah in secret was not based on national security. It is a ploy by security forces to cover up the involvement of the Nigerian Army in the sustenance of violence in the Niger Delta.
Finally, in the aforesaid media chat you reiterated the commitment of your Administration to involve all stakeholders including the militants in the resolution of the Niger Delta crisis. In the circumstances you may wish to order the immediate withdrawal of the treason charge against Mr. Okah to enable him to take part in the search for lasting peace in the Niger Delta. In addition, we urge Your Excellency to order the immediate release of Messrs Edward Atatah and Bassey Umoren from illegal custody in line with your rule of law policy.
Yours sincerely,
FEMI FALANA Esq.
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