NPA IN APPEAL TO HAVE OKAH’S JAIL TERM EXTENDED
THE Supreme Court of Appeal’s reduction of Nigerian terrorist Henry Okah’s 24-year sentence has placed South Africa in breach of its United Nations and African Union obligations to combat terrorism.
The National Prosecuting Authority has approached the Constitutional Court to have Okah’s sentence reinstated after the SCA reduced it to 20 years in October.
The NPA said the SCA erred in reducing Okah’s jail sentence and incorrectly interpreted the Protection of Constitutional Democracy Against Terrorist and Related Activities Act, under which the Nigerian terrorist was charged for the 2010 Warri and Abuja bombings which left a dozen people dead.
“As a result of its incorrect interpretation of the definition of a specified offence the SCA proceeded further to apply this flawed interpretation of section 15(1), leading it to conclude that section 15(1) [of the act] only applied to terror financing-related offences and not to the offences set out in paragraph (a) of the definition as the clear wording of the section demonstrates,” reads prosecutor Chris MacAdam’s founding affidavit.
The NPA said the SCA restricted the state’s power to determine its jurisdiction in relation to extra-territorial terrorism offences and this places South Africa in breach of its international obligations.
“The SCA judgment impacts on the ability of the republic to extradite/prosecute as per its international [UN and AU] obligations,” MacAdam says.
Okah was cleared by the SCA of charges of terrorism relating to the Warri bombings in which one person died, offences relating to explosive or other lethal devices, death, serious injury and damage to property as well as attempt to murder or violently attack internationally protected people.
The NPA wants Okah convicted of the charges on which the South Gauteng High Court in Johannesburg found him guilty.
In his SCA appeal, Okah insisted the high court erred in finding that the evidence proved a contravention of section 14 of the act.
He questioned the act’s validity and believed the court was not competent to assert jurisdiction over him.
Okah has until April to respond to the NPA’s appeal. The Constitutional Court will hear the matter in August.