The resumed trial would have assessed the state of his health following the approval of the court presided over by Justice Stephen Adah to undergo medical examination to assess the state of his health.

It was learnt that the shift was at the instance of the prosecution and conceded to by the defence team. With the development, the issue of whether Okah is fit to commence trial in the 62-count charge against him will have to wait till next month.

In another development, Okah’s appeal challenging the decision of the Federal High Court to try him in camera has been stalled by the sudden illness of one of the three justices of the Court of Appeal, Jos.

This was said to have been conveyed to counsel involved in the case at the court.
Backed 32-paragraph affidavit sworn to by Mr. Olusola Egbeyinka, Counsel to Okah Femi Falana is seeking an order from the appellate court extending the time within which the appellant/applicant (Okah) may apply for leave to appeal against the decision of the lower court.

He is also seeking an order directing a departure from the rules of the court that the appeal be heard upon the bound ‘bundle of documents’ titled ‘Record of Proceedings’ in respect of the case.
In addition, he wants an order staying further proceedings in the 62-count charge pending the final determination of the appeal sought to be filed.    

But in a counter affidavit, the Director of Public Prosecutions (DPP), Mr. Salihu Aliyu, said he received a letter from Falana requesting him to forward a prepared notice of appeal to the appellant/applicant upon which he acted accordingly.

However, he said when he presented the said notice of appeal to Okah on May 9, 2008, he declined to sign it on the grounds that he needed the advice of his counsel, Falana.

He averred that based on this, paragraph 23 of the affidavit in support which claims that Okah was compelled to withdraw the application for leave to appeal pending before the lower court is false and calculated to mislead the court.

Meanwhile, the substantive trial at the Federal High Court earlier adjourned to November 21 to ascertain Okah’s fitness to continue with trial has been further adjourned to December 4 following the notice by the DPP that he would not be available on that date.

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