Friday, October 22, 2010

How Okah directed blasts, by SA police

The detained 'leader' of the Movement for the Emancipation of the Niger Delta [MEND] Mr. Henry Okah instructed his accomplices to purchase in Lagos the two vehicles that were subsequently used for the detonation of two vehicle-improvised explosive devices in Abuja on October 1, a South African court was told yesterday.
The Republic of South Africa had reopened its case against Okah early yesterday following a ruling by the Presiding Magistrate in the case, Hein Louw, who said he needed “something substantial” before he could come to a decision concerning Mr. Okah’s bail application.

Consequently, prosecution lawyer Shaun Abrahams read a supplementary affidavit signed by the Police Services Officer in charge of the investigation, Lt Col Noel Graeme Zeeman.
In the affidavit, Zeeman said Okah had been in contact with the people who had detonated the twin car bombs in Nigeria.
“Prior to the detonation of the two improvised explosive devices on 1 October in Abuja, two vehicles, namely a Honda and a Mazda 626, were purchased in Lagos on the instruction of the accused, by persons complicit in the crime,” Abrahams said.
The cars were loaded with dynamite and parked on a road near a prominent hotel in Abuja, where Independence Day celebrations were taking place. Twelve people were killed and 36 others injured in the explosions.
According to the affidavit, the explosions took place under the supervision of Chima Orlu, who is said to have acted on the instructions of Okah. Orlu’s telephone records show that he had been in contact with Okah on numerous occasions leading up to October 1. Okah is said to have sent text messages to Orlu on 30 September 2010 at 12h 38:11pm, and on October 1 at 6h 02:39am, 7h 40: 20am, 7h 41:22am and at 7h 41:35 am.
Policeman Zeeman’s statement also said, “Of greater significance is that Mr. Orlu sent an SMS to Mr. Okah at precisely 10h 58:59 am on 1 October, 13h 13:01am and 13h 29:59pm on the same day.” Orlu allegedly sent an SMS reading: “Done, tell them to leave”, which was said to have been forwarded to Okah on the day of the October 1 attacks.
Okah and his lawyer Rudi Krause appeared shocked when State prosecutor Shaun Abrahams produced an affidavit alleging that Okah had instructed his alleged co-conspirators to buy the two cars used in the bombings. Krause asked the State to supply him with copies of cell phone records used as evidence to link the 45-year-old father of four to the Independence Day car bombs.
“The defence wants access to the cell phone records and text messages,” Krause submitted to magistrate Hein Louw. He applied to the court to allow him to get copies of the records that the prosecution provided as evidence that Okah was the “mastermind” of the October 1 attacks.
This follows Wednesday’s submissions by Krause, challenging the State to produce a “shred of evidence” linking the former marine engineer to the blast. Okah maintained that he was innocent and denied having had contact with Orlu.
“The evidence presented by the State is vague and lacks particularity,” Okah declared in a responding affidavit submitted to the court. He alleged that the evidence might have been fabricated by either the Nigerian government or their South African counterparts.
Abrahams opposed this application, saying it would be allowing Okah’s lawyers to “peek over the investigation”. The State also alleged that Okah’s brother, arrested in Abuja on Saturday, was also involved in the blast.
It also alleged that Okah, under the alias Jomo Gbomo, was the sender of an email warning about the attacks. The State said it had found notes in his diary on high calibre weapons, which matched those listed in quotation confiscated from his home in Mondeor, south of Johannesburg on October 2.
A letter in which Okah’s wife, Azuka Okah, refers to him as the leader of the Movement for the Emancipation of Niger Delta was also circumstantial evidence that he was still an active commander of the militia group. However the defence denied that Azuka Okah was the author of the letter and that she had downloaded it on the internet.
A self-confessed war expert, Okah was being investigated for money laundering and weapons proliferation by South African police. Okah was also being investigated by the Home Affairs Department for fraud relating to his application for South African citizenship. Abrahams said that in his application for residency in the country, Okah had given the department fraudulent documents.
The bail hearing was then adjourned until today. The VOA correspondent in Johannesburg said, “This bail hearing, which is now…a week long, is basically because Mr. Okah has some very good lawyers, who are questioning the prosecution on everything.  The prosecution wants to deny bail, saying that he could run away, leave the country and also could intimidate possible witnesses.”
“Henry Okah is a successful businessman.  He owns a security company in Johannesburg.  (He) came here, appealed for asylum, was granted asylum on the basis of his ties to the Niger Delta and did eventually obtain citizenship.” However, “The (South African) Department of Home Affairs says it’s investigating this, saying he possibly used fraudulent documents to obtain this citizenship.”
Meanwhile, in Abuja, Henry Okah’s brother Charles Okah and four other suspects were charged to court yesterday, although newsmen and even their defence lawyer were shut out of the court for security reasons.
Among the suspects in court was Charles Okah’s son Boloebi. Men of the State Security Service threw a security cordon around the court at Wuse Zone 6 and did not allow anyone to get near the suspects.
Charles Okah’s lawyer Ogheneovo Otemu told the BBC that “The accused persons were arraigned before the court and they were not allowed to be represented by counsels of their choice, which is a very serious constitutional breach.” He said the charge sheet showed they are being accused of engaging in criminal conspiracy to commit a felony and a crime bordering on murder - punishable by life imprisonment.
After a 15-minute hearing, the suspects emerged from the courtroom, closely guarded by security agents, he says,
They were not allowed to speak to anyone and they were hurriedly bundled back into the vehicles and driven away. The men are due back in court on 24 November.

Jonathan replies Ciroma over zoning

President Goodluck Jonathan
President Goodluck Jonathan and Vice President Namadi Sambo Presidential Campaign Organization yesterday replied the former Finance Minister and leader of the Northern Political Leaders Forum, Malam Adamu Ciroma, over his latest remarks on the Peoples Democratic Party (PDP) zoning arrangement.
Ciroma had on Wedneday while speaking during an interview with the Hausa service of Voice of America (VOA) said that the North would use every legal and democratic means to scuttle the unjust ambition of the incumbent President Goodluck Jonathan to put aside the zoning formula at the expense of the North.
Jonathan, who reacted in a statement through the Director, Media and Publicity for the Goodluck/Sambo Presidential Campaign Organization, Sully Abu, advised Mallam Ciroma not to tread the path that could create division And promote disunity among Nigerians as an elder statesman, a party grandee and a man to whom the country has given a lot.
The statement signed by Abu said Ciroma’s ‘insistence flies in the face of overwhelming evidence of the yearning of all Nigerians’ who have seen ‘change in the way the country is governed especially in their material condition’.
“No one should delude himself that he is speaking for the North or any other part of the country for that matter unless they are willing to go along with the people’s yearning for change, fundamental change,” it added.
The statement titled ‘Why Mallam Adamu Ciroma should not play God’ further read, “With regards to the PDP’s zoning formular;  the party, noting the circumstances of President Jonathan’s ascension to the Presidency and his legitimate ambition, has decided that he is entitled to contest just as other aspirants. Any loyal party man should have the discipline to abide by the decision of the party.
“The Goodluck/Sambo Presidential Campaign Organization recognizes the last ditch ambition of some aspirants for whom 2011 represents a last chance to fulfill their dream. But that desperation should not be equated with the interest of our people.
“It is Almighty God speaking through the people who will determine the future of Nigeria and President Jonathan and not the arrogant few who seek to play God.”

... Appoints Sultan, Oritsejafor permanent heads of Muslim, Christian pilgrims

Alhaji Muhammad Sa’ad Abubakar
Henceforth, the spiritual head of Muslims in the country and  the Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar and the President of Christian Association of Nigeria (CAN) Pastor Ayo Oritsejafor will be permanent heads of Nigerian pilgrims to Hajj in Saudi Arabia and Israel. However, in the event the Sultan or the CAN President is unable to lead the Federal Government’s delegation on the pilgrimages, the Sultan or Oritsajefor would have the right to nominate whoever they  wish to lead the pilgrims, President Goodluck Jonathan has said.
Jonathan , who stated this yesterday while commissioning the newly acquired head office of the Nigeria Christian Pilgrims Commission (NCPC) in Abuja, said the  decision to make the appointments permanent was to institutionalise the headship of FG’s delegation to the holy lands and give room for proper record keeping.
This, according to him, is a clear departure from the practise in the past when the President at will could appoint anybody to be the Amirul Hajj or head of Christian delegation.
“We have resolved that head of Federal Government delegation to Israel and Rome will henceforth be the President of CAN. Now, we want to make it permanent and we are doing the same thing for hajj. The spiritual head of the Muslim who is the Sultan of Sokoto will continue to be the Amirul Hajj. Any year he is not able to go, he will recommend the head. We want to institutionalise it so that we can have proper record,” Jonathan said.
The government also  yesterday announced the  appointment of Oritsejafor as the head of the Federal Government’s delegation to Israel and Rome for 2010 pilgrimage.
Jonathan called on the leadership of NCPC to depend less on government to sponsor pilgrims to Israel, saying that they should device means of generating funds to sponsor the less privileged to the holy lands.
President Jonathan who was presented with an award for his support by the chairman of the NCPC, Most Reverend Nicholas Okoh lauded six state governors who also received awards for their support.
The governors who received awards were Gabriel Suswam of Benue State, Danjuma Goje of Gombe State, Sulivan Chime of Enugu State, Rotimi Amaehi of Rivers State, Patrick Yakowa of Kaduna State and Emmanuel Uduaghan of Delta State.
Earlier in his welcome address, the Executive Secretary of NCPC, Mr John Kennedy Opara expressed appreciation to PresidentJonathan who as NCPC supervising boss when he was vice president, stood by the commission when it took off as it did not inherit neither structure nor vehicles from the Ministry of Foreign Affairs.
Speaking on behalf of the award recipients, Governor Danjuma lauded the Christian community for always recognising his efforts at ensuring peaceful co-existence among Christians and Muslims in his state.
He assured the NCPC that he would continue to sponsor Christians from his state on Holy pilgrimage to Israel.
Present at the occasion were the Deputy Senate President, Ike Ekwerenmadu, Chief Justice of Nigeria, Justice Alloysius Katsina-Alu, CAN President, Oritsejafor and ministers.

Senate c’ttee extends polls to April


David Mark, Senate President
The Senate Constitution Review Committee (SCRC) yesterday recommended to the full Senate a time extension for the conduct of the 2011 general elections up to the end of April.
Report of the panel laid on the Senate table by Deputy Senate Majority Leader Victor Ndoma-Egba (SAN) provides that the Independent National Electoral Commission (INEC) now has up to April 30, 2011 to conduct the elections.
The report has altered the provisions of Sections 76, 116, 132 and 178 to provide for INEC to conduct elections for various elective offices “Not be earlier than one hundred and fifty days and not later than thirty days” before the expiration of the current term in office.
The SCRC said it provided for a period of 120 days (four months) within which elections can be conducted “To enable INEC conduct election earlier in the future.”
The new provision now allows INEC to conduct general elections within the beginning of January and the end of April and to maintain the May 29 handover date.
SCRC has also recommended the alteration of Section 233 (2) of the Constitution “To provide for appeals to the Supreme Court from the Court of Appeal in gubernatorial election petitions and related matters.”
A new clause added to the Section provides that the “Supreme Court shall have the jurisdiction, to the exclusion of any other court of law in Nigeria to hear and determine appeals from the Court of Appeal;
“(iv) whether any person has been validly elected to the office of Governor or deputy Governor under this Constitution.”
The Supreme Court is to deliver judgment of governorship appeals within 60 days. The report provides that “An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days from the date of the delivery of judgment of the tribunal or court.”
This is “to enable the Supreme Court deliver judgment on Governorship election petition appeal within 60 days.”
Disputes from Governorship elections are to originate from Governorship Election Tribunal “Which shall, to the exclusion of any court or tribunal, have the original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of Governor or deputy Governor of a state.”
The report also recommended that the “Quorum of an election tribunal established under this section shall be the chairman and one other member.”
Senate however failed to vote on the alterations to the Constitution as earlier announced by the Chairman Senate Committee on Information and Media, Senator Ayogu Eze (PDP, Enugu North).
When asked why the voting was not taken yesterday, a Senator told Daily Trust that the voting was rescheduled for Tuesday to enable senators study the report in order to take informed stands on the recommendations
Meanwhile, the Constitution amendment bill scaled second reading on the floor of the House of Representatives yesterday.
Speaking after taking second reading of the bill, Deputy Speaker Usman Bayero Nafada disclosed that the House Committee on Review of the Constitution will Monday hold public hearings to gather inputs from stakeholders.
According to him, “The report of the committee will be laid on Tuesday. Members should please come to the chamber on Wednesday to enable us have the 2/3 majority needed to effect the alteration because we have to get 240 members in attendance.”
The House also said it will not continue with consideration of the Electoral Act 2010 amendment bill that was thrown out in the Senate as it would amount to time wastage.
House Minority Leader Rep Mohammed Ali Ndume (ANPP, Borno) told Daily Trust that even though there is a clause in the Electoral Act which stipulates the time for election into elective offices, provisions of the constitution will naturally override the Act when amended.

Tuesday, October 19, 2010

Senate President says:No shift from May 29


Senate President David Mark
No amendment will be made to the 1999 Constitution or to the Electoral Act that will change the May 29, 2011 handover date for all elective office holders, Senate President David Mark said in Abuja yesterday.

Speaking at a one day public hearing on the amendment to the 1999 Constitution and the 1999 Constitution (First alteration) bill, Mark said May 29 must remain sacrosanct and cannot be changed.
He said, “I believe that on May 29 we stand. It is not a day that we are going to change. We are all working towards making sure that whatever can be done should be done within that time limit. That in my candid opinion is the timeline that is sacrosanct, we cannot get out of it, we must make sure that we conduct an election before that time.”
Mark however expressed worry with the proposed amendment which reduces the timeline for conduct of elections before tenure expiration, saying “When in the former amendment we gave not earlier than 150 and not later than 120 days, it was based on the Uwais report. We are suggesting, based on the recommendation in this new one, I think 90 days and 30 days. The danger at that let me say it, we must not miss the 30 days because if we do and there is a re-run, these are all the issues that you are going to discuss. We would not allow anything that would extend May 29.
“So that is where I have my own personal worries, as a person, as a participant, as a Nigerian and as a politician. But I am sure within this timeline now that we have given, because this suggestion is out of serious discussion with INEC and we should be able to conduct free, fair and credible elections within that time limit.”
Mark denied any move by the National Assembly to use the amendment process to bargain for political advantage, saying “We have no ulterior motive whatsoever, because there is general public perception and insinuation that the National Assembly members have ulterior motives in the constitutional amendment. We don’t have.”
In his presentation, National Chairman of the All Nigeria Peoples Party (ANPP) Dr. Ogbonnaya Onu suggested that rather than alter the section of the Constitution that deals with the timeline, a transitional clause should be introduced to delay its implementation.
He said, “The proposal to substitute the words ‘One hundred and fifty days and not later than one hundred and twenty days before’ in Section 5, paragraph b, 10, paragraph b, 11 and 17 and paragraph b with the words ‘ninety days and not later than thirty days before’ should be made transitional to be effective only for the 2011 general elections.
“Nigerians desire that all elections should be conducted within a period and enough time given for all election petitions to be heard and disposed of before inauguration. It is important that we respect the wishes of our people.”
Chairman of the Senate Committee on Constitution Review, Deputy Senate President Ike Ekweremadu said the committee is also at an advanced stage of considering the Electoral Act Amendment bill “to bring it in line with the proposed amendments to the Constitution.”
The National Assembly is expected to conclude amendments to enabling laws to allow INEC begin proper preparation to conduct general elections by April 2011.

Yobe begins airlift of hajj pilgrims

Hajj Pilgrims
The first batch of pilgrims for the 2010 Muslim pilgrimage from Yobe State have been airlifted to Saudi Arabia, the Maiduguri Zonal Coordinator of the National Hajj Commission (NAHCON), comprising Borno and Yobe States, Umar Mohammed Kalgo has said.

Kalgo who confirmed the commencement of airlift to our correspondent yesterday, said 288 pilgrims took off early yesterday from the Maiduguri International Airport.
He said the second flight, which was expected to take off today around 7am would convey additional 300 pilgrims from Yobe, leaving be-hind 1,709 pilgrims out of the total of 2,297 pilgrims from Yobe who would be undertaking this year’s pilgrimage who are expected to be airlifted in 10 batches.
Officials of Medview Airlines, this year’s carrier for Yobe, said they were not expecting any hitches as an additional airplane was on ground for the airlift.
Daily Trust learnt that airlift of pilgrims from Borno is scheduled to commence on October 26, 2010 by Max Airline.

‘9 oil wells’ award to Bayelsa illegal

President Goodluck Jonathan
President Goodluck Jonathan acted illegally by granting a special concession to his native Bayelsa State to earn more from 13 percent derivation enjoyed by mineral producing states, sources in the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) told Daily Trust yesterday.

“What the President did was wrong and unconstitutional because before any concession can be granted, you need to amend the On-shore/Off-shore Dichotomy Abrogation Act 2004 and it is only the National Assembly that can do that,” a source in RMAFC told Daily Trust.
“By implication, the concession gives Bayelsa 6 percent and this will deprive some non-oil producing states of revenue,” another source said.
On August 31, a Presidential concession on derivation was granted to Bayelsa to earn more oil revenue following a petition to the President by the state governor, Chief Timipre Sylva on February 16, alleging denial of revenue to his state.
Analysts said such move was a breach of the derivation principle by President Goodluck which will make Bayelsa the richest oil state in the country.
The concession allows Bayelsa to receive extra derivation revenue for offshore on the nine oil wells located beyond the 200-metre isobaths on grounds of ecological damage to the state from the operation of those oil wells.
The concession was granted because of “the environmental impact of the activities of oil exploitation as well as the security implications borne by the operations of the exploration companies (operating the nine oil wells) deal devastating effect on Bayelsa State.”
Based on the concession and the revised 13 per cent derivation indices for July, Bayelsa State is ahead of others with 15,995,773 bbls. It is followed by Rivers State (13,317,840 bbls), Akwa Ibom State (12,796,954 bbls) and Delta (11,163,493 bbls).
Akwa Ibom had the highest before the concession and subsequent revision of the volume of oil production to each state. This was followed by Rivers State, 12,636,795 bbls; Delta State, 11,163,493 and Bayelsa State, 10,313,368 bbls.
An oil industry source told Daily Trust that such concession could trigger a spate of court actions and constitutional crisis. He said the exclusive concession to Bayelsa State to enable it to earn more derivation revenue is in breach of the Act of the National Assembly that abrogated the offshore-onshore dichotomy in the application of the 13 per cent derivation principle.
He said this could lead to agitation and court action by other states such as Lagos which also have oil wells located beyond the 200-metre isobaths in waters within their boundaries.
If the concession is implemented, net revenue that would be available to the Federation Account for distribution to the three tiers of governments would be reduced.
Revenues from oil wells outside the statutorily allowed 200-metre isobaths did not form part of derivation calculation in the law that ended the onshore-offshore dichotomy. Such revenues were pooled and shared to all the federating units based on the prescribed revenue formula.

Okah talks of fight in diary, court told

A diary entry by suspected Nigerian bombing conspirator Henry Okah, made about two weeks before deadly blasts in the capital Abuja, talked about staging “a fight to the finish”, a Johannesburg court heard yesterday.

Okah, residing in South Africa and charged with conspiracy and terrorism over twin car bombings in Nigeria that killed at least 10, denied any links to the October 1 blasts. He took the stand at a bail hearing that entered its third day.
“We will fight to the finish,” he wrote in his diary on September 19. Okah acknowledged the diaries were his and he made the entry but said it had nothing to do with his involvement in the armed conflict in the Niger Delta.
South African prosecutors and police said Okah was the mastermind behind the bombings in Nigeria, which occurred during celebrations of 50 years of independence. South African authorities seized the diaries and invoices for the purchases of large amounts of arms when they raided Okah’s home in Johannesburg at around the time of the blasts.
“Your purpose in writing this down is to give guidance and assistance to the militants,” prosecutor Shaun Abrahams said.
Okah, suspected leader of the Movement for the Emancipation of the Niger Delta (MEND), was arrested at his home in South Africa shortly after the blasts.
“I am not a fighter,” he told the court.
He described himself as a nothing more than a well-connected and interested observer who was expressing his shared concern for the people of the Delta when he made the diary entries.
“I hear of them (military attacks) after the fact. When something in the Niger Delta happens, I get calls.”
The attacks were claimed by MEND. Security experts believe Okah -- who accepted a government amnesty last year after gun-running and treason charges against him were dropped -- was at one time the brains behind MEND. Okah said he had become a target of the Nigerian government because of his connections and they are trying to deflect blame on to him for the deaths.
Okah’s lawyer Rudi Krause told Reuters that state prosecutors had yet to produce evidence linking Okah to the bombings.
Meanwhile, Okah’s brother, Charles, was arrested in connection to the Friday threats by MEND of an attack in Abuja.
Charles was arrested along with four others – Okah’s son, Boloebi, 23, his son’s friend, Sola Ladoja, a house aide and a friend – his wife, Angela Uchechi Okah, said.