Lagos lawyer, Festus Keyamo on Monday rejected the conviction of Henry Okah, the alleged leader of the Movement for the Emancipation of Niger Delta (MEND).

Okah was arrested a day after a bomb went off near the Eagles Square in Abuja, venue of the Nigeria’s 50th Independence anniversary.

The blast killed at least 12 persons.

But Keyamo in a statement claimed that “Henry Okah was not given adequate facilities and the opportunity to defend himself,” adding that the “Nigerian government must immediately use all diplomatic efforts to ensure that Henry Okah does not die in a South African prison”

He also called on the South African government to grant Okah unconditional pardon.

Below is the full text of the statement.

The decision of the South African Court that convicted Henry Okah this morning of charges relating to terrorism is politically motivated and legally incorrect.

As counsel to Charles Okah and others who are facing the same set of charges under Nigerian Laws, I have been actively involved in coordinating the trials both in South Africa and in Nigeria.

The fundamental flaw in the trial is that Henry Okah was not given adequate facilities and the opportunity to defend himself. This is because after the prosecution closed its case in South Africa, the defence attorneys and my Chambers here in Abuja tried frantically to summon the witnesses of Henry Okah who are based here in Nigeria to testify on his behalf. These witnesses include some government officials.

In this regard, we wrote to the Attorney General of the Federation who replied and directed that Henry’s counsel in South Africa apply to the court there for an order to secure the legal assistance of the Attorney-General of Nigeria. This was only two weeks ago (please, find attached a copy of the letter from the Attorney-General of the Federation to my office and note that the date on the letter was mistakenly given as 8th January, 2012 instead of 2013.)

Without giving Henry’s counsel in South Africa adequate time and facilities to follow the directives, the South African court foreclosed his opportunity to call witnesses and rushed to convict him. This is a breach of his fundamental right to fair hearing and an obvious attempt by the South African authorities to please Nigeria at all cost. That is why the judgment is nothing but political.

Whilst all Nigerians empathise with those who lost their lives and limbs in the October 1, 2010 bombing, it is wrong to convict anybody for it without due process. Henry has been convicted without due process.

I condemn this judgment and call on Nigerians and the international community to condemn the trial and judgment of Henry Okah whose only offence was his refusal to accept the so-called amnesty offered by the Yar’Adua-Jonathan administration and his insistence on the Niger-Delta controlling its resources.
With the recent condemnation of Jonathan by some militants who initially accepted the amnesty programme, I am sure they now know that Henry Okah was correct not to have accepted the poisoned chalice called amnesty.

The Nigerian government must immediately use all diplomatic efforts to ensure that Henry Okah does not die in a South African prison and for the South African government to grant him unconditional pardon. This is without prejudice to his right to appeal against the judgment.

 

Lagos lawyer Festus Keyamo has said he will file a lawsuit against House of Representative member Farouk Lawan, should the police fail to begin legal proceedings against him in the next one week.

In a statement on Wednesday, the fiery legal practitioner said nothing meaningful has been achieved since the $620,000 US dollars bribery involving Lawal and Zenon Chairman Femi Otedola broke out over six months ago.

He said “After collecting the money, (which he did not deny collecting), Farouk Lawan actually stood up on the floor of the House and performed the act for which he collected the money.”
“As for Otedola, I have made my position very clear from the beginning that he committed no offence at all. A man, who reports an attempt at a crime to the authorities and plays along to catch the offender, commits no crime. Even laymen know this position of the law.”

“Up till today, Lawan is yet to produce the said money before the Police investigators.”

Keyamo further accused the Police and the Attorney-General of the Federation of cover-up, as they have continued to point accusation fingers at each other.

“For the avoidance of doubt, the impression the Police has created that it is the office of the Attorney-General alone that can give it directives to charge the matter to court is complete nonsense. The law presently as espoused by the Supreme Court in the case of FRN Vs. OSAHON (2006) 5 NWLR PT (Pt. 973) 361, says that the Police and other law-enforcement agencies can directly charge matters to court without the consent or fiat of the Attorney-general of the Federation or of any State. The Attorney-General can only intervene by taking over to continue or discontinue the proceedings. What then is the Police waiting for?”

“Their intention is to make the public forget about the matter and for us to move on with our lives but I will not forget.”

“If the Police fail, refuse and/or neglect to arraign Farouk Lawan within the stipulated time, I will have no other option than to proceed to court to bring him,” he concluded.