Okah Seeks Court’s Permission to File No Case Submission

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Alex Enumah in Abuja

The alleged mastermind of the 2010 Independence Day bombing in Abuja, Charles Okah, tuesday sought the order of the Federal High Court in Abuja, to file a no-case submission in his on-going terrorism trial at the court.

Charles, who is the younger brother to a former leader of the Movement for the Emancipation of the Niger Delta (MEND), Henry Okah, is being tried alongside Obi Nwabueze for the October 1, 2010 multiple bomb blasts near the Eagle Square in Abuja.

At the resumed hearing tuesday, counsel to Okah, Samuel Izibiri (SAN), noted that the prosecution, having called its witnesses, had failed to establish the allegations against his client; he therefore requested leave of the court to file a no-case submission in the matter.

Responding, the trial judge, Justice Gabriel Kolawole, while granting the application, ordered that the motion be filed and served to the prosecution within 14 days of filing, adding that the prosecution in turn should respond within seven days of such service.

Recall that the prosecution at the last sitting closed its case having called up 17 witnesses to testify in the case.

The 17th witness, Humphrey Ohikhuare, a staff of the Department of State Services (DSS), had during cross-examination disowned part of his witness statement on oath.
In a paragraph of the statement the witness had deposed to before the court, he said Okah had sent a consignment from Lagos to Abuja.

But while being cross-examined by Zibiri, the witness said that statement was not correct.
An attempt by Iziyon to reexamine the witness to clear what he termed an ambiguity was rejected by the judge.
The judge said the witness could not be allowed to use an oral statement to counter a statement he deposed to on oath.

The matter has been adjourned till March 15 for hearing of the no-case submission.