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Henry Okah’s appeal against conviction fails

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Henry Okah's appeal against conviction fails

A Pretoria High Court in South Africa, has dismissed an application by the leader of the Movement for the Emancipation of the Niger Delta (MEND) Henry Okah, challenging his trial and conviction over terrorism related charges.

Okah was convicted in 2013 for the 2010 bombing in Abuja and Warri which led to the death of three people. He was sentenced to 24 years in jail.

Judge Moses Mavundla, who presided over the case, noted that it is a common cause that the applicant has already taken his conviction on appeal to both the Supreme Court and the Constitutional Court, agreeing with the submission of the respondents that the general principle is that a convicted and sentenced person cannot appeal against it more than once.

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According to the judge, a decision contrary to that general principle will lead to a chaotic judicial situation.

Ruling on the challenge of jurisdiction of the trial court, Judge Movundla noted that the applicant had pleaded not guilty and exercised his rights to silence. As such, in the absence of a Lack of Jurisdiction plea, it is deemed that the court has jurisdiction.

The judge also ordered the applicant to pay the taxes and allowed costs for the first, second and third respondents, (The State, The Director of Public Prosecutions and the Minister of Police).

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