Sowetan

NPA IN APPEAL TO HAVE OKAH’S JAIL TERM EXTENDED

- Loyiso Sidimba

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.

Newspapers in English

Newspapers from South Africa