Funso Muraina and Ahamefula Ogbu
4 October 2007
Port Harcourt — The Federal Government has charged two Germans, one American and a Nigerian to the Federal High Court in Abuja, for offences connected with the violation of the Official Secrets Act.
The suspects, Judith Asuni (American) Florian Alexander Orpitx, Andy Lehmann (Germans) and Danjuma Saidu (Nigerian), were formally arraigned before the court on a seven-count charge of conspiring to commit felony by agreeing to enter the vicinity of protected place and took photographs of things situated therein and thereby committed an offence contrary to section 8(1) of the Official Secrets Acts, Cap 335, Laws of the Federation of Nigeria 1990 punishable under section 7 of the Act.
The charges were however not read to them because the Director of Public Prose-cution, Mr. Salihu Aliyu, asked the trial judge, Justice Binta Murtala-Nyako, to adjourn the case to enable the suspects go through the charges.
The judge however turned down a request for bail by the suspects.
Instead, she ordered that they be remanded in the custody of the State Security Service (SSS) even as she fixed Friday for the accused persons to take their pleas and bring a formal application for bail.
Counsel to the 1st and 4th accused persons (Asuni and Saidu), Mr. Ayodele Kusamatu, had asked for bail for his clients on the grounds the accused have been in solitary confinement for over two weeks which he said is against the Nigerian constitution.
The applications for bail was however refused by the Court prompting the defence lawyer to ask for a short date to enable him bring a formal bail application.
Counsel to the 2nd and 3rd accused persons (Orpitz and Lehmann), Ade Okeaya-Inneh, said that they were bound by the court's convenience noting that they would however be asking for a short date most probably Friday to bring their bail application.
Responding, the DPP told the court that none of the accused person has been in detention beyond one week, adding: "The 1st and 4th accused persons were arrested last Thursday, while the 2nd and 3rd were arrested yesterday.
"I pray that they be remanded in the custody of the SSS as investigations are still going on, the 1st and 4th accused persons spent the weekend in the custody of the SSS while the 2nd and 3rd accused have been in the custody of the German Embassy and were taken into custody today," he said.
Kusomatu prayed the court to allow the 1st and 4th accused persons access to their lawyers and families noting that "the 1st accused has a medical condition and would need to have access to her family to enable them get her the necessary medication".
Justice Nyako, in adjourning the matter to Friday for the accused to take their plea and move bail applications, ordered that they be given unfettered access to the family, lawyers and medication.
The seven-count charge against the accused read as follows;
-That you Judith Asuni (Dr.) Female 60 years old, American/Nigerian of No. 18 Abubakar Koko Street, Asokoro, Abuja, Florian Alexander Orpitz, 35 years old, German of Graefestr Berlin, Germany, and Any Lehmann, 26 years, of Graefestr 8 OAU Berlin Germany, and Danjuma Saidu, Nigerian of No. 18 Abubakar Koko Street Asokoro Abuja, between 20th March, 2007 and 20th September, 2007 at Abuja, Lagos,Warri and other places within the jurisdiction of the Federal High Court did conspire to commit felony to wit: agreed to enter the vicinity of a protected place and took photographs of things situated therein and thereby committed an offence contrary to section 8[1] of the official secrets Acts, Cap 335, Laws of the Federation of Nigeria (LFN) 1990 punishable under section 7 of the Act.
-That you Florian Alexander Orpitz, 35 years, German of Graefestr Berlin German and Any Lehmann, 26 years, of Graefestr 8 OAU Berlin German, between 8th
September 2007 and 22nd September, 2007 at Lagos, Port Harcourt, Warri and other places within the Jurisdiction of the Federal High Court, did for a purpose prejudicial to the security of Nigeria enter the vicinity of a protected place and there committed an offence contrary to section 2[1] of the Official secrets Act, Cap 335 LFN and punishable under section 7[1] of the same Act.
-That you Florian Alexander Orpitz, 35 years, German of Graefestr Berlin German and Any Lehmann, 26 years, of Graefestr 8 OAU Berlin German, between 8th September 2007 and 22nd September, 2007 at Lagos, Port Harcourt, Warri and other places within the Jurisdiction of the Federal High Court, did for a purpose prejudicial to the security of Nigeria, take photographs and video shots of pipelines, refineries,
petroleum installations, ships and other things situated in a protected place and thereby committed an offence contrary to section 2[1] [b] of the official secrets Act, Cap 335 LFN 1990 and punishable under the same Act.
-That you Florian Alexander Orpitz, 35 years, German of Graefestr Berlin German and Any Lehmann, 26 years, of Graefestr 8 OAU Berlin German, between 8th
September 2007 and 22nd September, 2007 at Lagos, Port Harcourt, Warri and other places within the Jurisdiction of the Federal High Court, did for a purpose prejudicial to the security of Nigeria, did obtain, reproduced and retained photographs, sketches
made and documents relating to facilities situated in a protected place and thereby committed an offence contrary to section 2[1] [d] of the official secrets Act, Cap 335 LFN 1990 and punishable under the same Act.
-That you Florian Alexander Orpitz, 35 years, German of Graefestr Berlin German and Any Lehmann, 26 years, of Graefestr 8 OAU Berlin German, between March 20th and11th September 2007 at the Nigerian Embassy in Germany within the jurisdiction of the Federal High Court, for the purposes of obtaining an entry visa into Nigeria, did make false statements of your purpose of visiting Nigeria and presented yourself as an academic researcher instead of a filmmaker, knowing same to be false and thereby committed an offence contrary to section 192 of the Criminal code Cap 77 LFN 1990.
-That you Judith Asuni [Dr.] 60 years, American/Nigerian of No. 18 Abubakar Koko Street Asokoro, Abuja, Danjuma Saidu, Nigerian of No. 18 Abubakar Koko Street Asokoro Abuja, at Abuja, Warri, Port Harcourt between 20th March, 2007 and 22nd
September, 2007 within the jurisdiction of the Federal High Court, did aid, counsel and procure Florian Alexander Orpitz and Andy Lehmann to enter into a protected place, take photographs and retain other documents of installations situated in a protected place and thereby committed an offence contrary to section 8[1][b] of the official secret Act, Cap 335 LFN 1990.
-That you Judith Asuni [Dr.] 60 years, American/Nigerian of No. 18 Abubakar Koko Street Asokoro Abuja, Danjuma Saidu, Nigerian of No. 18 Abubakar koko street Asokoro Abuja, at Abuja and Warri between 20th March,2007 and 11th September, 2007 within the jurisdiction of the Federal High Court, did counsel Florian Alexander Orpitz and Andy Lehmann to make false declarations to the Nigerian Embassy in Germany within the premises of the same Embassy in Germany for the purpose of obtaining a visa into Nigeria and thereby committed an offence contrary to section 7[d] and 192 of the criminal code Act, Cap 77 LFN1990.
Meanwhile, the SSS yesterday searched the Woji Road, Port Harcourt, office of the Academy Peaceworks of Dr. Asuni. Led by a lady, the five-man squad finished the search at about 6.30pm. Items taken away by the officers include two laptops, a central processing unit, a safe and pictures of Niger Delta youths she had been working with.
The officers took inventory of the items and left with one David Isotu who witnessed the search. It was on the understanding that Isotu would follow them to their office where photocopies of the inventory would be made and a copy handed over to him as they could not get a place in the house to make the photocopy.
The officers had obtained a search warrant which they showed to security men at the gate, who thereafter allowed them to conduct the search.
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