Jailed Nigerian militant, Henry Okah, to submit new appeals as S’Africa court gives order

Jailed militant leader, Henry Okah

South Africa’s Constitutional Court, on February 18, 2025, issued two significant orders allowing Henry Okah, the imprisoned leader of the Movement for the Emancipation of the Niger Delta (MEND), to submit fresh applications challenging his incarceration.

These applications are expected to be treated with urgency.

On January 21, 2013, a South African court sitting in Johannesburg, convicted Okah of 13 charges of terrorism, including bombings that killed 12 people in Abuja on October 1, 2010.

Handing down the verdict, Judge Nels Claassen said, “I have come to the conclusion that the state proved beyond reasonable doubt the guilt of the accused.”

He was sentenced to 24 years imprisonment and is currently serving this sentence at the Ebongweni Correctional Centre in Kokstad, South Africa.

Throughout the trial he maintained his innocence, saying the trial was a result of his denial to support Nigeria’s President Goodluck Jonathan’s statements and accusations that the 2010 October 1st Independence Day attacks were executed by leaders from Northern Nigeria.

In the same vein, his Charles Okah, his brother, was found guilty of masterminding the independence day attack and was handed the life sentence on 7 March 2018 by a high court in Abuja, Nigeria.

Meanwhile, Okah’s legal team, in a statement released on Saturday, explained that it would take advantage of the court’s ruling by South Africa’s Judicial Conduct Committee on February 12 to submit new appeals.

The committee had approved a judicial inquiry into Okah’s allegations of sabotage against former Chief Justice Raymond Zondo.

Okah is seeking to overturn previous court rulings, alleging that the registrar’s office unlawfully altered the contents of his primary applications in an attempt to undermine their success.

In case numbers CCT 239/23 and CCT 273/23, he contended that these alterations significantly impacted the fairness of his legal proceedings.

With the Constitutional Court now permitting fresh applications, Okah’s legal battle takes a new turn, raising hopes for a review of his case.

The ruling also brings renewed attention to concerns about judicial integrity and due process in South Africa’s legal system.

Legal experts anticipate that the upcoming proceedings will be closely watched, given their potential implications for both Okah’s fate and broader judicial accountability.

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