By Ikechukwu Nnochiri
A Federal High Court in Abuja, Tuesday, refused to release Charles Okah, the younger brother to the embattled ex-leader of the Movement for the Emancipation of the Niger Delta, MEND, Henry Okah, on bail, even as it equally ordered the State Security Service, SSS, to within 72 hours, transfer him alongside three other accused person to Kuje prison.

Others remanded in prison custody yesterday were Obi Nwabueze, Edmund Ebiware, and Tiemkemfa Francis Osvwo, a.k.a General Gbokos.

They are facing trial following alleged acts of terrorism and other treasonable offences they  committed against the Federal Republic of Nigeria at different times.

Trial Justice Gabriel Kolawole ordered their remand shortly after he dismissed three separate bail applications filed before him by the 1st, 3rd and 4th accused person in the matter, just as he fixed January 11, 2011, to hear the bail application of the 2nd accused persons, Obi Nwabueze.

The accused persons had in their separate applications, pleaded Justice Kolawole to consider the provisions of 36(5) and 36(b) and (c) of the 1999 constitution as well as section 118 (1) and (2) of the Criminal Procedure Act, and grant them temporary freedom pending the hearing and determination of the substantive criminal case initiated against them by the Federal Government.

They contended that their continued stay in SSS custody amounted to a gross infringement of their fundamental human rights.

In opposition to their bail applications, government prosecutor, Mr Alex Iziyon, SAN, filed a 29-paragraph counter-affidavit wherein he urged the court to take cognizance of the seriousness of the offence and the possibility that the accused persons may likely jump bail and decline their request.

Iziyon equally asked the high court to take a look at four different exhibits he attached to the counter_affidavit and confirm that there is a subsisting nexus linking all the accused persons to various terrorist organizations, stressing that they each have overwhelming criminal records.

Ruling on the matter yesterday, the trial Judge maintained that the accused persons failed to convince him of their readiness to face trial if granted bail, adding that it would be more judicious to refuse their applications considering the nature of the criminal charges filed against them.

According to the judge, “The accused persons have failed to produce sufficient facts to warrant the court to exercise its discretion to their favour. I am not convinced that they will return for trial if released.

“The offence of treason upon which the accused persons are standing trial is the highest offence in the statue book and it attracts death penalty upon conviction. Accused persons standing trial over this kind of charges are more likely to jump bail.

“However, this case is one that ought to be given accelerated hearing to enable the accused persons to know their fate on reasonable time. By January 6, 2011, the 30 days period earlier granted to the SSS to complete its investigations into the matter will expire; it is therefore more judicious to refuse the bail applications as I have found no merit in them”.

Immediately after the ruling, counsel to Okah, Mr Oghenovo Otemu pleaded the court to transfer his client from the SSS detention cell where he said he was being manhandled at will by SSS investigators. His oral application was quickly adopted by all the other defence counsels in the matter.

While conceding to their request, Justice Kolawole however  held that “in view of the serious nature of the offence, I don’t want to speculate attempt to rescue the accused persons by those who are sympathetic to their plight, I do not know the state of security in Nigerian prisons but it is important that the court do not operate in a way that it may seem like the prosecution is having an upper hand, in balancing the interest of both parties, I hereby order the Attorney General of the Federation to liaise with the superintendent of prisons in Kuje to ensure that all the accused persons are transferred to prison custody within the next 72-hours.

“They should be reproduced to court from prison custody on the next adjourned date” he added.

The case was further adjourned to January 11, 12 and 18, 2011 for accelerated hearing.

Charles and his alleged co-terrorists were arraigned on December 7, for allegedly endangering the life of President Goodluck Jonathan while Nigeria celebrated its 50th independence anniversary in Abuja.

Apart from a 1-count charge with 22-particulars of overt acts of treason instituted them; FG subsequently re_arraigned them again over an 8-count criminal charge relating to the October 1 twin bomb blasts that killed about 12 persons in Abuja.

There are equally two other criminal cases pending against them before an Abuja Chief Magistrate court sitting at Wuse Zone 2.

In the instant case before the high court, they were accused of conspiring with Henry Okah and one Emmanuel Allison to make a direct attempt to endanger the life of President Jonathan by seeking to drive two motor vehicles wired with time_regulated explosive devices to the Eagle Square where the Independence celebration was taking place.

FG also alleged that the accused persons between January 2 and March 15, 2010, within Port-Harcourt Rivers State and diverse places, conspired with Henry Okah, Chima Orlu, at large, and persons unknown, to make a direct attempt to endanger the lives of the Governor of Delta state, Edo state and Imo state by seeking to drive two motors vehicles wired with time regulated explosive devices into government house annex, Warri, Delta State, the venue of the Vanguard Post Amnesty Dialogue, where the said governors were in attendance, in order to cause a bomb blast for the purpose of levying war against the state.

It was alleged that a man lost his life as a result of that explosion.

Charles was specifically alleged among other offences, to have engaged the services of one Bassey Umoren, a welder, and paid him N50, 000, to construct hidden compartments into four motor cars, two of which were subsequently loaded with explosive devices at Port-Harcourt by Obi Nwabueze and Chima Orlu, at large, and positioned on 1st October at 0830 hours near the venue of the anniversary for the purpose of levying war against the state.

He was also accused of sending two consignments of army camouflage torches, bullet proof vests and boots to Allison for onward transmission to one Segun Llori alias Stone face, at large, for use by terrorists recruited by Henry Okah in the creeks of Niger Delta.