JOHANNESBURG – ALLEGED Nigerian terror bombing conspirator, Henry Okah, has applied for refugee status as he was living illegally in South Africa, the Johannesburg Magistrate’s Court heard, yesterday.

This came just as his bail application in court was postponed for judgement.
State prosecutor Shaun Abrahams said in closing argument in Okah’s bail application:”He is also afraid that Nigerian authorities may apply for his extradition.”

Abrahams said the State had a strong case and was confident that Okah would be convicted when the matter went to trial.

Okah is suspected to have been the mastermind behind the October 1 Independence Day car bombs in Abuja. He faces charges of engaging in terrorist activities, conspiracy to do so, and delivering, placing and detonating an explosive device.

The State said the 45-year old Nigerian faced administrative action from the Department of Home Affairs for alleged fraud relating to his permanent residency in the country.

Henry Okah

Okah’s lawyer, Rudi Krause, earlier told the court:”The content of the (State’s) affidavit is not true. My wife overheard the prosecutor saying: ‘Just get me something, I don’t care what it is’.”

Contradicting evidence

Throughout his bail application, Okah had maintained that the prosecution had yet to produce evidence linking him directly to the crime.

Earlier, magistrate Hein Louw conducted an inquiry after the State failed to give Okah’s defence copies of contents taken from his computer hard drives and cellphone data.

Two State witnesses, a Warrant Officer Mufamadi and a Lieutenant-Colonel Makhuza, gave contradicting evidence, explaining why they failed to hand over the copies to the defence.

Both employed at the police’s computer crimes unit, the two told the court that they could not comply with the order to hand over the document due to “technical reasons”.
Louw said: “It is clear that one of the two witnesses is lying to this court. I order the State to open two cases of perjury and bring this to the attention of the police head for disciplinary action against the two.”

State prosecutor Shaun Abrahams,yesterday, presented new evidence – an affidavit claiming Okah had instructed his co-conspirators to buy the two cars that were to be used in the October 1 twin car bombs that killed 12 people and injured 36 others.

The State also alleged Okah’s cellphone records revealed he had been in contact with Chima Orlu, one of the men currently wanted by authorities for the attacks.

Okah’s lawyer, Rudi Krause, asked the State to supply him with copies of cellphone records used as evidence to link the 45-year-old father of four to the Independence Day car bombings.

Meanwhile, Okah’s wife, Azuka, found herself on the wrong side of the law during her husband’s bail application in the Johannesburg Magistrate’s Court on Thursday.

When Azuka Okah’s cellphone rang during her husband’s bail hearing, Magistrate Hein Louw ordered the court inspector to send her to the court holding cell.

However, Azuka Okah, pointed the inspector to her driver who was seated in front her and he was sent to the court jail instead.

When her driver was called to stand before the court, Azuka Okah claimed responsibility for the interruption.

Louw said: “She wilfully disturbed the court. My court is like Park Station.”
But Henry Okah’s defence lawyer, Rudi Krause, pleaded with Louw for leniency in dealing with the matter. He said: “I have never seen my court this busy. Reporters are going in and out of my court, and I have warned people to switch off their phones.”

He said that he understood that Azuka was under a lot of pressure, but could not accept the court being disrupted.

Krause explained that Azuka always had her phone off and that it was his fault that she switched it on. He added: “I was trying to get hold of her on her cellphone and I tried a number of times and could not talk to her.”

Eventually Azuka phoned Krause back and he asked her not to switch off her cellphone again.

The charges against her were not clear, but her case was postponed to Friday.
Meanwhile, Henry Okah’s bail application was postponed for judgment in the Johannesburg Magistrate’s Court yesterday.

Magistrate Hein Louw said: “This is one of those cases where I need time to carefully consider all the factors.” He postponed the case to November 9.

However in his closing argument, defence lawyer Rudi Krause maintained that the prosecution had yet to produce evidence linking Okah directly to the crime. “The content of the (State’s) affidavit is not true,” Krause earlier read Okah’s affidavit to the court.

If the State possessed incriminating evidence against his client, it would have taken the opportunity to produce such evidence while Okah testified in the case.

He urged the court to grant Okah bail as he had been in prison for a month. If bail was denied Okah would have to wait for up to two years before his trial could resume.

In opposing the bail, State prosecutor Shaun Abrahams said he had applied for refugee status as he was living illegally in South Africa.

“He is also afraid that Nigerian authorities may apply for his extradition, Abrahams said in closing argument in Okah’s bail application.

He said that the State had a strong case and was confident that Okah would be convicted when the matter went to trial.

Okah’s bail application has lasted seven days

The case drew attention to Okah’s diary entries which included a “shopping list” of high-calibre weapons. “We need heavier equipment and money,” an excerpt from his diary read.
The State believed Okah was a well connected and dangerous man and his release could not only put South Africa, but the international community at risk.
Abrahams told the court that Okah orchestrated the attacks from South Africa. He further claimed he was a leader of the Movement for the Emancipation of the Niger Delta.
The fact his wife Azuka Okah had referred to him as the leader of the group was evidence Okah was still leading it.
The State also alleged cellphone data confiscated from Okah’s house revealed he had been in contact with his alleged co-conspirators in Nigeria.
An SMS sent to Okah by Chima Orlu (one of the main suspects in the bombings) read: “Done, tell them to leave”.