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Nigeria: MEND Chief Charged With Treason
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This Day (Lagos)
6 March 2008
Posted to the web 6 March 2008
Funso Muraina
Abuja
About one month after they were extradited to Nigeria from Angola over gun-running charges, the Federal Government yesterday filed treason charges against the detained leaders of Movement for the Emancipation of Niger Delta (MEND), Henry Okah and Edward Atatah.
They were accused of terrorism, illegal importation of firearms and gun running.
The accused were alleged to have attempted various attacks against the country with a view to intimidating President Umaru Musa Yar'Adua.
Director of Public Prosecution (DPP), Salihu Aliyu, said the Federal Government had proofs against the accused.
Okah was not brought to court yesterday.
At the Federal High Court, Abuja where the charges were filed, it was revealed that Okah was charged in absentia last year with treason and other offences.
The defence was handed a copy of the 14 charges made against Okah in December, after his arrest in Angola before he was extradited to the country. If found guilty, Okah faces death penalty. Okah has not been seen in public since his arrest.
According to the charge, Okah and Atatah who are 42 and 43 respectively in September 2007 travelled from Nigeria to Luanda, Angola to buy shipping vessel worth USD670,000 to be used to transport arms to militants in the oil rich Niger Delta.
Federal Government argued that the offences contravened section 41 © of the Criminal Code Act (CPA) Cap 77 laws of the federation of Nigeria 1999 and punishable under Section 41.
The accused were said to have sold and provided 250,000 assault riffles, general-purpose machine guns, rocket propelled launchers /canisters, bazookas and assorted ammunitions to armed groups such as the Niger Delta Peoples Volunteer Force (NDPVF), Icelandic Cult and the MEND to levy war against the Federal Republic of Nigeria in Yenegoa, Port Harcourt, Delta and other places contrary to section 37(1) of the CPA.
Besides, the accused were said to have sold to the leadership of some militant groups ammunition worth N11.3 million being prohibited and thereby committed an offence punishable under section 3(14)(a) (i) often special; tribunal (Miscellaneous offences) Act Cap 410 LFN 1990 and punishable under same.
According to the Federal Government, they sold arms worth N6.9 million and Forced 50 AK 47s, 10 general purpose machine guns and 10 crates of ammunition worth N22 million to NDPVF in December 2003.
Prosecution further argued that the offences contravened section 3(14)(a)(i) of the special tribunal (Miscellaneous Offences) Act.
They were also said to have been in possession of five general purpose machine guns, sub- machine guns, I AK47, 15 single barreled riffle, 1 air rifle, 1,860 assorted live ammunitions, I plastic explosive device,
48 pairs of handcuffs, 10 teargas canisters, 2 ammunition belts, 16 armoured plates for bullet proof vests and twenty holster, being fire arms and ammunitions and other items prohibited by law.
They were accused of being "in possession of and control of without valid silence, 14 military assault riffles, 1 revolver piston, 15.4mm live ammunition, 18 aluminum arm store seals, 13 rocket launchers carriers cases and 16 riffle sling being firearms and ammunition and other items prohibited from unlawful possess and importation."
Aliyu said the accused would be arraigned once the court assigns date for the hearing.
He said the accused risk death sentence if convicted by the court.
In the accused person's motion seeking enforcement of his fundamental human rights, Justice Babs Kuewunmi struck out government's application to stop the order allowing Okah's lawyer's access to him upon its withdrawal by the prosecution.
Okah's lawyer, Mr. Femi Falana, confirmed that agreement was reached between the police and the lawyers on the modalities to visit him.
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He said the fact that his client had not been arraigned several days after his arrest also confirmed the withdrawal of Form 48 (Notice of consequences of the contempt earlier filed against the Federal Government).
The MEND leaders were arrested in Angola on allegations of gun running last September.
Last week MEND issued a news release threatening "anarchy" if Okah is not shown in public.
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