Nigerian terror accused Henry Okah would on Thursday hear if his bail bid was successful, as the state was expected to produce evidence linking him to the twin car bombings that killed 12 people in his home country.
In previous appearance at the Johannesburg Magistrate’s Court, Okah’s lawyer Rudi Krause challenged the prosecution to produce a “shred of evidence” linking the 45-year-old to the Nigerian Independence Day bombings on October 1.
“Should the state not be able to lead new evidence, I will deem it [the bail application] closed,” magistrate Hein Louw warned on Wednesday.
Prosecutor Shaun Abrahams was given the choice of reopening the state’s case — in which it would present new information — or allowing Louw to pass judgement in the bail application.
Abrahams said he had been apprehensive about giving away his game plan to the defence during the bail application, but opted to reopen the case in an attempt to keep Okah behind bars.
Krause argued against the application to reopen the case, saying his client had been kept in prison for 13 days.
A former marine engineer, Okah faces charges of engaging in terrorist activities, conspiracy to do so, and delivering, placing and detonating an explosive device.
During his closing argument in the bail hearing on Wednesday, Krause said the case against Okah was flawed, and evidence presented to the court by the state did not prove his involvement in the car bombings.
Diary excerpts
He told the court not to accept excerpts from Okah’s diaries, as these were written in 2007, before he was granted amnesty on 60 treason charges by the Nigerian government.
Had the notes, which included a list of high-calibre weapons, referred to bombings, then they would have been relevant to the case, Krause said.
However the state argued the fact Okah accepted amnesty in Nigeria was evidence he was a leader of the Nigerian militant group Movement for the Emancipation of the Niger Delta.
Letters in which Okah’s wife, Azuka Okah, referred to him as leader of Mend were also circumstantial evidence.
Okah has denied being a leader of the group.
Abrahams insisted Okah was a flight risk because he would be sentenced to life imprisonment if convicted. If released, Okah had the resources to intimidate and influence witness, he said during previous court appearances.
He said Okah was currently being investigated by the home affairs department for fraud relating to his application for South African citizenship. He had allegedly given the department fraudulent documents.
Abrahams said the self-confessed war expert was being investigated for money laundering and weapons proliferation by the South African police. – Sapa