BY UDUMA KALU, WITH AGENCY REPORT

South African judge, Justice Neels Claassen, presiding over the terrorism trial of the embattled leader of the Movement of the Emancipation of the Niger Delta, MEND, Mr. Henry Okah, Thursday postponed the militant’s sentencing till 10 am today.

Claassen’s decision was based on a request by Okah’s counsel, Lucky Maunatlala, who asked for postponement to enable his client obtain witnesses who are yet to arrive South Africa.

The State, however, opposed the application, while the judge said he would rule on the application after Okah’s attorney testified. The sentencing was postponed in the High Court in Johannesburg.

Claassen said he did so to give Okah’s defence a chance to present evidence in mitigation of sentencing. He said Okah’s attorney had to take the stand today, and inform the court what communication there was with the potential witnesses.

Claassen said the State had proved Okah’s guilt beyond any reasonable doubt, declaring that Okah’s failure to testify meant the evidence against him remained uncontested.

Claassen also found no evidence that Okah did not head the MEND which claimed responsibility for the blasts.

Okah, however, told newsmen that he has no control over destruction caused in Nigeria by MEND. “I have heard about what is happening, but I am here and I have no control over it,” he said.

Okah was referring to recent threats by members of MEND to make Nigeria ungovernable and target South African companies doing business in Nigeria to protest against his conviction on 13 counts of terrorism  by a Johannesburg court.

On January 21, Claassen found Okah guilty of engaging in terrorist activities, conspiracy to engage in terrorist activity, and delivering, placing, and detonating an explosive device and said the state proved Okah was guilty beyond reasonable doubt. The sentence which could be a life jail was expected to be made yesterday or today. The judge, however, gave Okah room for mitigation.

During the trial, Okah denied any involvement in the blasts and said charges against him were politically motivated.

Yesterday’s morning, Okah spoke openly for the first time about the trial, which he believes was not fair.

“I will challenge this. I have not lost hope in the South African justice system that they will do the right thing. I did not get to tell my side of the story, that is because my hands were tied. The Nigerian government refused to release my witnesses to come to South Africa and testify in my defence,” he said.

Sitting in the dock yesterday, he seemed rather calm but kept scanning the gallery for his relatives. Asked why he did not seem worried, he said: “I have been through worse. I was detained in Angola for nothing. I was put in solitary confinement in Nigeria for nothing. A prison is a prison. South African prisons are better than Nigerian prisons.”

South Africa tried him as part of its international obligation as the Nigerian authorities had not applied for his extradition, according to the prosecution.