The man suspected of being the mastermind of the October 1 bombings, Chima Orlu, is currently in South Africa, ex-Mend Leader Henry Okah said yesterday as he also told a South African court he is planning to seek political asylum in the country to escape what he called persecution from Nigerian officials.

Okah, who was arrested in Johannesburg on October 2 and is being held on terror charges in connection with the bombings, made the allegation in an affidavit submitted in court at his bail hearing. He will now know his fate on the bail application Tuesday next week.

Shortly after the bombings, the Nigeria police declared two persons wanted, naming them as Orlu and Ben Jessy.

But Okah said police misidentified Orlu, alleging that he knew the man as “Justin Malcolm Umejesi”.

He said he provided accommodation for Umejesi in Johannesburg after they became friends, alleging that Umejesi took advantage of his (Okah’s) hospitality to spy on him for Nigeria.

Mr. Okah also said he recognised photographs shown to him by his wife of Chima Orlu, one of two men wanted for the October 1 bombings by the Nigerian government. He identified the image of Chima Orlu to be a man actually called Justin Malcolm Umejezie.

He told the court he allowed Mr. Umejezie to live in one of his properties in South Africa and added that “Umejezie is well known to the Nigerian community.”

He said he “broke off all contact” with Mr. Umejezie when he allegedly discovered he was a spy of the Nigerian Consulate, saying that he expected the South African authorities to end up using Umejezie as a witness against him.

In an affidavit read in court by his attorney, Rudi Krause, at his bail hearing in Johannesburg on Thursday, Mr. Okah also said the Nigerian government wanted him detained until after the elections because his release “will jeopardise the prospects of Goodluck Jonathan.” He did not elaborate how he will be able to do this. 

Mr. Krause said his client plans to file documents to the Department of Home Affairs’ Refugee Reception Office (Crown Mines), which accepts all asylum applications in Johannesburg. 

But prosecution lawyer, Shaun Abrahams, who oppose the bail application, said, “the mere fact that he (Okah) is applying for refugee status is indicative of him being fully aware that he is not lawfully in this country.” 

The prosecution has repeatedly stated in affidavits filed before the court that Mr. Okah’s residency status was obtained on fraudulent grounds. Mr. Krause, who cited the regular presence of officials of the Department of Home Affairs as prejudice against his client, said Mr. Okah should be allowed to deal with his immigration issues on an administrative level. “They didn’t scrutinise his immigration status now, but they are doing so because they are desperate,” Mr. Krause said. 

The trial of Mr. Okah resumed in a Johannesburg magistrate court with his attorney, Mr. Krause, making a case for his bail. 

Mr. Okah had been furnished with copies of his telephone calls and personal computer records, as well as affidavits granted for his arrest and the search of his home by the South African Police Services (SAPS). 

The high point of the proceedings was, however, that officials of the Cybercrime Unit of the South African Police Services (SAPS) are to face perjury charges for lying under oath in their handling of the case.

In an enquiry into the matter, the officers gave different testimonies on their inability to provide copies of Mr. Okah’s cellphone and computer hard drives within three working days, as ordered by the Magistrate, Hein Louw, on October 22. Mr. Okah’s attorney only received the information yesterday morning.

Noting that SAPS had made copies of their own forensic records, rather than copies of the actual items seized from Okah’s home, Mr. Louw said in his ruling that: “the state misunderstood my order.” He also pointed out that this action counted heavily against the case of the prosecution, and strengthened the case of the defence that there was no evidence against the suspect. 

The Okah case is in its 30th day, even though there have been only seven court appearances. Statements by the Magistrate and counsel yesterday lent credence to arguments that this is the longest bail application in South African history.

Mr. Okah’s lawyer argued extensively that there was no reliable, credible evidence before the court. He said it was unlikely that a trial date would be set this year, given that the High Court’s docket was congested. 

He also added that going by the prosecution’s calculations, that it would take about nine months to conclude investigations. Mr. Okah would be in custody for the better part of two years if not granted bail.

The prosecution, on its part, maintained that it had a case strong enough to convict Mr. Okah and did not want to jeopardise the investigations by revealing its progress. 

Mr. Louw labeled the case as ‘difficult.’ He told Mr. Krause that as much as he felt “empathy” for the defence, the conduct and responses of Mr. Okah during his cross-examination meant “there are also things to balance the state’s case.” 

Specifically, he cited Mr. Okah’s statement that he wrote a list of arms for “academic purposes” and the fact that Mrs. Okah referred to her husband as leader of MEND, which had claimed responsibility for the bombings as examples. 

Mr. Louw subsequently disclosed that he would prefer to listen to the entire recording of the case thus far and would make a ruling on Mr. Okah’s bail applicationon either Tuesday, November 9 or Wednesday, November 10, provided he was “morally convinced.”