Convicted Nigerian terrorist, Henry Okah will know the outcome off his application for leave to appeal his conviction and sentence in two weeks’ time. He represented himself in court.
Okah was sentenced to 24 years imprisonment in March 2013 by the High Court in Johannesburg, after he was convicted on 13 counts of terrorism.
Okah is seeking relief to have his conviction set aside also applying for declaratory order regarding his incarceration to declare it unlawful. His previous attempt to have his conviction overturned failed in both the Supreme Court of Appeal and the Constitutional Court.
He is now seeking declaratory order that will refer his matter to the International Crimes Court in The Hague.
Okah, in court papers, argues that he should be charged under international humanitarian law.
In opposing the application the National Prosecuting Authority (NPA), represented by Raymond Macadam, argues that Okah’s previous attempts were rejected because Okah failed to convince the Supreme Court of Appeal and the Constitutional Court on the prospects of success of his application.
Macadam further argued that there is no legal basis for Okah to be tried at the International Crimes Court because there is no provision for his case to be referred to that court.
Okah’s trial and conviction in South Africa relates to two car bombs which were detonated in Nigeria in 2010 during the anniversary of that country’s independence.
The incident left 12 people dead and 36 injured. In the other incident, two car bombs went off during which one person was killed and 11 injured.
Okah told the court that he has been convicted under a wrong law. He asked the court to review and set aside his conviction and sentencing. He further says he should only be prosecuted under the ICC Act.
Okah expresses that South Africa has no jurisdiction to prosecute, because the crime he’s been charged and convicted on, happened outside the border of the Republic of South Africa.
He insists that based on an agreement between Nigeria and South Africa he should only be prosecuted under the ICC Act.
Judgment will be delivered on the 20th of December.