Okah v S

The appellant, Henry Emomotimi Okah, a Nigerian citizen with permanent residence in South Africa and leader of the Movement for the Emancipation of the Niger Delta (MEND), was prosecuted in the South Gauteng High Court under the Protection of Constitutional Democracy Against Terrorist and Related Activities Act 33 of 2004. The prosecution arose from two car bombings in Nigeria: one at Government House Annex in Warri on 15 March 2010, and another at Eagle Square in Abuja on 1 October 2010, which caused multiple deaths, injuries and property damage. The State alleged that Okah planned, funded, instructed and directed the bombings, some of which were planned while he was in South Africa. He was also charged with threatening South African commercial interests in Nigeria through an email sent by a MEND representative and statements made to a South African police officer. The High Court convicted him on all counts and imposed an effective sentence of 24 years’ imprisonment.

The appeal was upheld in part. The convictions on certain counts were set aside and substituted with convictions on counts 2, 4, 6, 8, 9, 10, 11 and 12 only. The sentence was reduced, with an effective sentence of 20 years’ imprisonment imposed. The conviction on count 13 was set aside.

This case is a leading authority on the scope of South Africa’s extra-territorial criminal jurisdiction in terrorism matters. It clarifies the interpretation and application of section 15 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act and confirms that South African courts may prosecute terrorist offences with sufficient jurisdictional links to South Africa, in line with international law and treaty obligations.