THE Court of Appeal in Abuja yesterday shattered the hope of the leader of the Niger Delta Peoples Volunteer Force (NDPVF), Alhaji Mujaheed Asari-Dokubo for freedom as it dismissed his prayer for bail.
The court held that his admission to bail would pose a threat to national security in view of documentary evidence before it.
In the lead judgment delivered by Justice Olabode Rhodes-Vivour and endorsed by Justices Olufunlola Adekeye and Amiru Sanusi, he held that Asari-Dokubo failed to adduce counter evidence to contradict the prosecution’s argument that releasing him on bail would threaten the nation’s security.
Justice Rhodes-Vivour’s words: “Indeed, the depositions in the affidavit and interview granted the Independent newspaper on 10/9/05 are ominous and very disturbing. For example, the appellant (Asari-Dokubo) granted an interview to the press wherein he says that he will continue to fight until Nigeria disintegrates.
“Evidence available to the trial judge and to us shows beyond doubt the threat to national security. A close scrutiny of the charge and documentary evidence available reveals offences that are a real threat to national security.
“They involve creating a situation where the government of the Federal Republic of Nigeria could yield to force or expose the public to serious danger.
“My lords, where national security is threatened or there is the real likelihood of it being threatened human rights or the individual rights of those responsible take second place. Human rights or individual rights must be suspended until the national security can be protected or well taken care of.”
Justice Rhodes – Vivour therefore held that the appeal lacked merit and dismissed it accordingly.
On October 6, last year, Asari-Dokubo was charged with alleged plans to overthrow the government of President Olusegun Obasanjo.
He pleaded not guilty to all of the counts, which include:
Count 1
That you: (1) Alhaji Mujahid Asari-Dokubo, ‘m’, 41 years old of 13 Agudama Street, D – Line, Port Harcourt; and others (presently at large) on or about 28th August, 2005 at SAMSY Hotel, Benin City, Edo State within the jurisdiction of the Federal High Court did conspire among yourselves to commit felony to wit: treasonable felon; by forming an intention to;
� remove during his term of office otherwise than by constitutional means, President Olusegun Obasanjo as Head of State of the Federation and Commander in Chief of the Armed Forces thereof; and
� levy war in order by force, constraint, to compel the President to change his measures, counsel and manifested such intention by overt acts; and you thereby committed an offence contrary to Section 41 and punishable under Section 516 of the Criminal Code Act, Chapter 77, Laws of the Federation of Nigeria 1990.
Count 2
That you: (1) Alhaji Mujahid Asari-Dokubo (m), 41 years old of 13 Agudama Street, D – Line, Port Harcourt; and others (presently at large) on or about 28th August, 2005 at SAMSY Hotel, Benin City, Edo State within the jurisdiction of the Federal high Court committed treasonable felony against the Federal Republic of Nigeria by respectively belonging to militant groups known as the Niger Delta People Volunteer Force (NDPVF); Congress for the Liberation of Ikwere People (COLIP) and Chikoko Movement which threatened to take up arms in order to intimidate and overawe the President and Government of the Federal Republic of Nigeria and manifested such intention by overt acts and you thereby committed a felony contrary to and punishable under S.41 of the Criminal Code Act Chapter 77 Laws of the federation of Nigeria 1990.
Count 3
That you: (1) Alhaji Mujahid Asari-Dokubo (m), 41 years old of No. 13 Agudama Street, D-Line, Port Harcourt; and others (presently at large) on or about 28th August, 2005 at SAMSY Hotel, in Benin City, Edo State within the jurisdiction of the Federal High Court formed, managed and assisted in the management of unlawful societies of more than ten persons respectively known and called “Niger Delta peoples Volunteer Force” (NDPVF), Congress for the Liberation of Ikwere people (COLIP) and Chikoko Movement with objective of:
� levying war on the government of the Federal Republic of Nigeria;
� encouraging the killing and injuring of persons;
� destroying, injuring and encouraging the destruction, and injuring of property;
� subverting or promoting the subversion of the government of the Federal Republic of Nigeria and its officials;
� committing, inciting acts of violence and intimidation;
� interfering with, resisting, encouraging interference with or resistance to the administration of law; and
� disturbing and encouraging the disturbance of peace in the Niger Delta States of Rivers; Delta; Edo of the Federal Republic of Nigeria contrary to section 62 (2) (1) and punishable under section 63 of the Criminal Code Act Capt. 77, LFN 1990.
Count 4
That you: (1) Alhaji Mujahid Asari-Dokubo (m), 41 years old of No. 13 Agudama Street, D-Line, Port Harcourt. and others (presently at large) on or about 28th August, 2005 at SAMSY Hotel, Benin City, Edo State within the jurisdiction of the Federal High Court published a statement, rumour, report, which is likely to cause fear and false alarm to the public knowing or having reason to believe that such statement, rumour, report, is false and thereby committed an offence contrary to and punishable under Section 59 of the Criminal Code Act Chapter 77 LFN 1990.
Count 5
That you: (1) Alhaji Mujahid Asari-Dokubo (m), 41years old of No. 13 Agudama Street, D – Line, Port Harcourt; and others (presently at large) between year 2004 and 2005 at Port Harcourt, Rivers State, Nigeria within the jurisdiction of the Federal High Court are members of unlawful societies respectively called
� “Niger Delta Peoples Volunteer Force” (NDPVF)
� Congress for the Liberation of Ikwere People (COLIP); and
� Chikoko Movement and you thereby committed a felony contrary to and punishable under Section 64 of the Criminal Code Act Chapter 77 LFN 1990.
However, Asari-Dokubo’s counsel immediately told journalists that his client would head for the Supreme Court against the appeal court ruling which he said was prejudicial to the trial.
“We are not at that stage yet. They relied on an interview in a newspaper to find that Asari-Dokubo is a threat to national security. He could actually say he never granted that interview upon which the court is drawing its strength to deny him bail.”
Jun72006