Posted by Written by Taye Obateru and Innocent Anaba on
A Federal High Court sitting in Jos, Plateau State, yesterday granted Henrry Okah, suspected leader of the Movement for the Emancipation of the Niger Delta (MEND), three weeks freedom from State Security Service (SSS) custody, to undergo medical examination to ascertain his fitness to stand trial.
* For medical treatment
A Federal High Court sitting in Jos, Plateau State, yesterday granted Henrry Okah, suspected leader of the Movement for the Emancipation of the Niger Delta (MEND), three weeks freedom from State Security Service (SSS) custody, to undergo medical examination to ascertain his fitness to stand trial.
Okah, who is being tried, alongside Edward Atatah, one of his associates, is standing trial on a 62
count charge of treason and treasonable felony, terrorism, kidnapping, illegal importation of arms and ammunition, illegal trafficking in arms and ammunition, illegal possession and storage of prohibited goods.
They were also accused of the management of an unlawful society, incitement of soldiers and traitorous acts, all in an alleged attempt to topple the federal government.
The three weeks freedom granted by the court, was sequel to a medical doctor"s testimony from the Jos University Teaching Hospital, presented to the court at the resumed hearing in the matter, that further medical examination was required to confirm the true state of his health, to ascertain if he is fit to stand trial.
The medical doctor's testimony, followed the objection raised by the defence, led by the Director of Public Prosecution (DPP), Mr. Salihu Aliyu, that Okah was fit to stand trial based on a medical report on the state of his health. He had tendered a medical report to support his argument that the accused was fit to take a plea on the charges of treason and treasonable felony preferred against him.
Opposing the prosecution's contention, defence counselled by Mr Femi Falana, argued that the issue of plea cannot come up until the diagnosis and treatment of his client had been done.
He argued that the medical report did not suggest a second opinion as stated by the prosecution, but a further examination requiring a ‘diuresis renography' with specialist equipment not available in the country.
He urged the court to direct the federal government to provide the facilities from abroad without any further delay or release the accused to his family for specialist treatment abroad with an undertaking to bring him back after treatment for the charge brought against him.
Ruling on the application, the presiding judge in the matter, Justice Stephen Adah agreed that the medical report did not suggest another opinion, but further tests as confirmed by the medical doctor, Mr O. Adole who testified in court.
The court granted the three weeks the doctor said he would require to conduct further medical investigations and treatment within the country and adjourned further hearing in the matter till November 21, 2008.
It would be recalled that Okah was arrested in Angola last September and handed over to the Nigeria government on February 14, 2008 and before he was handed over to Nigeria by the government, he spent five months in custody in Angola and was not charge to any court and any charge brought against him.
The accused were also charged with illegal oil bunkering, kidnapping, piracy, and financing of militant activities. The trial, it would be recalled is being conducted in camera, following an earlier ruling by the court, granting government's application to have the trial in secret, due to security concerns, even though defence counsel had objected to it.