A FRESH twist occurred yesterday in the trial of the Leader of the Movement for the Emancipation of Niger Delta (MEND), Mr. Henry Okah for alleged treason, as Mr. Justice Stephen Adah of the Federal High Court Jos, who had been hearing the matter since 2007 withdrew from it.
Justice Adah has, therefore, ordered the immediate transfer of Okah’s case file to the Chief Judge of the Federal High Court of Nigeria for re-assignment of the matter to another court for continuation of the suit.
The ruling came yesterday following the earlier adopted submission of Okah’s lead counsel, Mr. Femi Falana, who was assisted by Mr. Wilson Ajuwa and Sola Egbeyinka.
Falana had earlier argued before the court that Okah should be discharged while all the 62-count charges against him should be equally struck out.
While formally filing the application on January 23, this year, Falana had told Justice Adah that the Federal High Court did not have jurisdiction to entertain the matter as none of the 62 counts allegedly committed by Okah took place within the Jos Judicial Division.
But the Director of Public Prosecutions (DPP), Mr. Salihu Aliyu had submitted that the court should assume jurisdiction in the case by virtue of the provision of Section 251 of the 1999 Constitution, Section 49 (b) of the Criminal Code Act and Sections 19 and 45 of the Federal High Court Act.
Aliyu, therefore, urged the court to consider the security implication of the case as the security of the trial judge, the prosecutor, defence counsel and witnesses could not be guaranteed in the case.
Having adopted their written arguments, the judge reserved ruling and adjourned the case to yesterday.
Ruling on the application yesterday, Adah, having reviewed the counsel’s submissions, said on the authorities of James Ibori against the Federal Government of Nigeria, the Federal High Court had the jurisdiction to try treason and treasonable felony, and noted that three of the counts related to treason while Ibori’s case had to do with corrupt enrichment and money laundering.
According to the judge, “The question of fair hearing was raised in Ibori’s case, which means a judge must be independent and impartial and what matters is what a reasonable man feels in the determination of the case. In Ibori’s case, the Court of Appeal queried the decision of the prosecution to leave Benin Judicial Division and head for Kaduna.
“In this Okah’s case, since Mr. Falana had suggested the question of bias, that it was the Attorney-General of the Federation that manipulated the venue of this case, it is, therefore, the view of this court to ensure that justice is not only done but must be seen to be done. In the circumstance, a reasonable man may ask why Jos in the first place, since out of the 62 counts, none took place here in Jos?
“I have, therefore, removed my hands from the matter. I now order that the case file be transferred immediately to the Chief Judge of the Federal High Court for re-assignment to another court. The Ibori’s case as cited, remains the law of Nigeria, which means it is still binding as argued by Mr. Falana.”
Immediately after the judgment, the DPP stood up and thanked the judge for his industry and sound ruling and asked the court to give him a copy of the ruling so as to act on it immediately as directed by the court.
The over two-year Okah’s trial in Jos has come to an end following the ruling.