“Thou Shalt Not Bear False Witness” is the ninth of The Ten Commandments all Christians must adhere to. All the major religions of the world -- Judaism, Traditional African Religions, Islam, Hinduism, Buddhism, and others -- all have similar injunctions. And even within the secular and irreligious world, one must not lie in the court of law. Lying is not only immoral, it is unethical. But this is precisely what we see in the case of the Nigerian government versus Henry Okah as is being played out in a South African court in Johannesburg.
“Thou Shalt Not Bear False Witness” is the ninth of The Ten Commandments all Christians must adhere to. All the major religions of the world -- Judaism, Traditional African Religions, Islam, Hinduism, Buddhism, and others -- all have similar injunctions. And even within the secular and irreligious world, one must not lie in the court of law. Lying is not only immoral, it is unethical. But this is precisely what we see in the case of the Nigerian government versus Henry Okah as is being played out in a South African court in Johannesburg.
Exactly two years after what came to be known as the Independence Day Bombing, the trial of the alleged mastermind, Henry Emomotimi Okah, began. He is being prosecuted for a series of offences; but the major ones are the October 1, 2010 bombing in Abuja, and the March 15, 2010 car bombing in Warri. Mr. Okah has pleaded “not guilty…not guilty…not guilty!” to all charges, and has, from the very beginning, vigorously proclaimed his innocence.
Because the case is currently in a properly constituted court of law, there are certain aspects of the allegations and actual acts that I cannot, privately or publicly, comment on. One must be careful not to make statements that are prejudicial to the case. However, I have addressed those issues that are safe and proper for me to discuss, on my column for The Punch newspaper. See, for instance Why Jonathan is persecuting Henry Okah (1): http://www.punchng.com/viewpoint/why-jonathan-is-persecuting-henry-okah-1/ and Why Jonathan is persecuting Henry Okah (2): http://www.punchng.com/viewpoint/why-jonathan-is-persecuting-henry-okah-2/
Even though the alleged crimes occurred on Nigeria’s soil, and there is an extradition treaty between both countries, the Nigerian government refused to seek his extradition. It should be noted that the treaty, which was signed in 2002, has not reached the enforcement stage. However, the South African government could still have returned Mr. Okah, but the government was afraid that his trial will reignite agitation within the Niger Delta region. Mr. Okah is being held under a controversial anti-terrorism law: “The Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004).”
The trial commenced on October 1, 2010; and the first witness was the Niger Delta Minister, Mr. Peter Godsday Orubebe, who also happens to be a very close confidant of President Jonathan. Right off the bat, he was confronted with a series of lies he concocted. For instance, while he claimed that he visited Mr. Okah (during a previous visit) in the company of an aide and a personal friend, the alternative version of events was that he visited in the company of Abraham Gillow, Rodney Ambaowei and Kene Angozi. Records show that the group stayed at the Southern Sun Hotel, Katherine Street Sandston (Johannesburg).
On the witness stand, Mr. Orubebe claimed that President Jonathan did not know about his visit – a visit he claimed took place on March 15, 2010. How could a siting minister, and who is also very close to the president, not inform his boss/friend that he was visiting an alleged terror-suspect in prison? Also, the Minister claimed to have spoken to Mr. Okah on October 1, 2010 (the day of the bombing), but for some strange reason, he couldn’t recollect the phone number he called, or what number he called from.
Overall, Mr. Orubebe was a monumental embarrassment in court. He was followed by Mr. Sele Victor Ben (Boyloaf’s brother). Sele claimed that he and others sat with Mr. Okah for the planning and execution of the Agip platform attack of December 2006. The truth, the whole truth, and wholesome truth was that at the time this meeting allegedly took place (in Nigeria); Mr. Okah was already in South Africa. Another attack he credited to Mr. Okah was the Bonga attack (which took place while the accused was in the State Security Service (SSS) detention facility in Nigeria). When confronted with the truth, Mr. Sele Ben became flushed and jumpy.
Sele Victor Ben’s testimony was followed by that of Mr. Zion Amada, aka Stanley, who, from all accounts, was considered the most unreliable. The biggest lie that cost him his credibility was his claim that he eavesdropped on a conversation Mr. Okah supposedly had with someone who was dead at the time the supposed conversation took place. The fourth prosecution witness was Mr. Tamunotonye Kuna, aka general Obez (who later turned on the prosecution) -- denying and recounting the entire statement he supposedly gave to the government. From all accounts, this was a man who could neither read nor write at the level of a twelfth-grader.
Following Obez was Abel Bulus Achi, a deputy director in Nigeria’s State Security Service. He embarrassed the Nigerian government and the prosecution by telling the court to Google the accused to confirm his membership and leadership of the Movement for the Emancipation of the Niger Delta (MEND). The sixth and equally discreditable witness is also an officer of the SSS. He, at various times acted as a deputy to Mr. Achi in the investigation of the Warri bombing. He completely contradicted his boss and all witnesses before him. The testimony of the state’s witnesses always caused laughter in court as they were seen to be lying and uncoordinated.
After the great embarrassment caused by his first ten witnesses, the prosecutor, Mr. Shaun Abrahams, has been unable to present more witnesses for fear of further embarrassment. As of the end of last week, it appears as though prospective witnesses are now being coached in readiness for future appearance before the honorable court and Judge. As of this writing, the Court has halted proceedings and ordered the prosecutor to only present witnesses that are related to both bombings and corroborating evidence.
Apparently, the presiding judge, Mr. Neels Claassen, has had enough of irrelevant witnesses and time wasting gimmicks. And so it was that on October 16, 2012, a South African media organization, The Post, reported that “High Court Judge Neels Claassen lashed out at the State for bringing in what he deemed totally ‘useless witnesses.’” (http://www.thepost.co.za/okah-judge-lashes-state-for-useless-witness-1.1403840). But of course, the idea that the Nigerian government would bring forth disreputable witnesses to the court is nothing new. The government has been at it for decades. Many at times, she had presented before judges, free-wheeling and conscienceless liars to help do opponents and the accused in: some of the most reprehensible human beings have been presented as witnesses -- witnesses with no regards for the perjury laws of both countries.
One of the most difficult aspects of this case is the public relations (PR) war the Nigerian government has waged against Mr. Okah. The war of calumny and extreme smear is almost unprecedented in the history of Nigeria. It is bad, so very bad that even the media and the reading public believes the lies and misinformation they are being fed by the government and her proxies. It is also unfortunate that many in the Civil Society have also abandoned him (and are indifferent to his ordeal). Frankly, I can think of no Human Rights organization in Nigeria, today, that has shown interest in the matter. None! As far as they are concerned, this is a “guilty man!”
But no, this man is not guilty. Mr. Henry Emomotimi Okah is not guilty of the crimes for which he is being charged. You may say we should leave the final and binding decisions to the courts in South Africa. And I agree. But you must know that his prosecution and persecution is about the 2015 and 2019 elections, and about the machinations of a section of the Ijaw elite as dictated by President Goodluck Jonathan.
• Mr. Sabella Ogbobode Abidde can be reached at: [email protected]
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