Mr Charles Okah, the brother of the acclaimed leader of the Movement for the Emancipation of Niger Delta [MEND] and four others alleged to be masterminds of the Independence Day bombings in Abuja have appeared before a Chief Magistrate court in Abuja.The five suspects were brought to the court in Wuse zone 6 magistrate court amidst tight security.
It was not clear whether the State Security Service [SSS] arraigned the suspects or took them before the magistrate for an order to remand them in custody till investigation is concluded, the suspects lawyers and journalists were barred from the court proceedings.
Spokesperson for the SSS, Ms Marilyn Ogar revealed on Wednesday that Charles Tombra Okah, who is one of the known users of the "Jomo Gbomo" pen-name in e-mails purportedly from the militant group, Movement for the Emancipation of Niger Delta (MEND), and five others (names withheld) would be charged to court.
Spekesperson for the SSS, Marilyn Ogar however refused to answer questions by newsmen, stressing that she was not allowed to speak to the press on the matter.
I cannot say anything to the press on this matter as I am not permitted to do so. The fact that I have done you people a favor by allowing you to take pictures, is that not enough? This is how you people usually put someone into problem, she asserted.
Efforts to get a copy of the criminal charge preferred against the accused persons equally proved abortive, just as the defence team in the matter, led by one Barrister Oghenovo Otemu, decried the closed door pattern adopted by the SSS in prosecuting the matter as a quintessential violation of section 36 of the 1999 constitution, adding that not only were the accused persons denied assess to their counsels, but that the SSS has further refused to furnish them with a copy of the charge upon which they are standing trial.
According to Otemu, "we have repeatedly applied for the charges against our clients but both the court and the SSS blatantly refused. It is important for the prosecution in this matter to realize that the accused persons also have their fundamental right enshrined in the constitution.
"So far as we are concerned, there is no proper charge before this court and whatever decision the court takes in this political trial will amount to a nullity and we are taking steps to ensure that the constitutional right of the accused persons to fair hearing and defence by counsel of their choice as stipulated in section 36 of the 1999 constitution is respected and enforced" he said.
Meanwhile, its been gathered that the presiding Magistrate, Oyebola Oyewumi before adjourning the matter till November 24 , threatened that she would stay off the case on that day should the SSS continue to shroud the prosecution in secrecy and the accused persons denied right of representation.
The source who pleaded anonymity, disclosed that Magistrate Oyewumi went ahead to order an open trial in the matter, stressing that she would only hear the matter when it is allowed to undergo a normal court proceeding.
The magistrate was said to have also ordered the SSS to furnish the defendants with a copy of the charge against them, as well as allow them access to their counsel of choice.
Though little information has been gathered about what transpired in the court room, SSS PRO, Mrs. Ogar, however, maintained that all the accused persons were properly arraigned in court.
Charles is the younger brother of Henry Okah, a former leader of MEND, who is currently being tried in a South African court on terrorism-related charges.
Ogar stated that investigations by the service had determined the person that drove and coordinated the vehicles brought into Abuja for the bombings, and the one who directly coordinated the bombings with the fugitive Henry Okah.
The person, at whose residence in Port Harcourt the vehicles were wired for detonation and from where they took off for Abuja, the PRO said, had been established, as well as the one that confirmed to his accomplice that he had completed the job.
She pleaded to Nigerians to desist from politicizing the issue, noting that several Nigerians were interviewed and released in the course of the investigations.
"We plead with Nigerians to desist from politicizing the issue as such tendencies remain a serious concern of the SSS because they promote insecurity and hinder the rapid development this country needs.
"However, we wish to reassure the public that we will not be deterred in our investigations while urging everyone to be more security conscious about our respective environment and also collaborate with security agencies in safeguarding our national interest," she said.
Charles was arrested on Saturday at his Apapa, Lagos home alongside his son, Bolaebi Okah and three others by the men of the security operative. Family members and his embattled wife's efforts to have access to them have proved abortive and they claimed that Charles is on medication and has one kidney after he was operated upon some years back when he suffered a terminal illness.
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