Okah: Court Orders Fresh Medical Assessment
SAN FRANCISCO, January 15, (THEWILL) - The Federal Government has been directed to conduct a fresh medical assessment within 15 days on the leader of the proscribed Movement for the Emancipation of the Niger Delta (MEND), Henry Okah, who is currently serving a jail term in South Africa, to ascertain his true and current state of health.
A Federal High Court sitting in Abuja gave the directive on Wednesday as it rejected the report of a medical examination earlier conducted on Okah by the Federal Government.
Presiding judge, Justice Gabriel Kolawole, who ruled on the matter, based his decision on the observation raised by defence lawyer, John Ainetor, about some inconsistencies contained in the Federal Government's report.
Okah is facing trial with Obi Nwabueze over the 2010 Independence Day twin bombing in Abuja in which about 12 people died and several others were injured.
Four people believed to be members of MEND were originally arraigned before the court in December 2011 over the incident.
They included Tiemkemfa Francis Osvwo, a.
ka, General Gbokos, who died later and Edmund Ebiware, who had his trial conducted separately and was sentenced to life jail.
Justice Kolawole had ordered a psychiatric evaluation on Okah at the last hearing on December 4 last year, following a complaint by Ainetor that Okah was not mentally fit to stand trial.
On Wednesday, Justice Kolawole gave a copy of the medical report signed by a Senior Consultant Psychiatrist with the National Hospital,Abuja, Dr.
O.
T.
Ephraim Oluwanuga, dated January 9 to lawyers on both sides to read.
Lead prosecution lawyer, Alex Iziyon (SAN), after reading the report, argued that it could be deduced that Okah was fit to stand trial, saying he was ready to proceed and sought the court's permission to continue with the trial.
Ainetor however objected, noting that the report contained some contradicting information.
He said he observed that while the concluding part of the report stated that Okah could stand trial, part of the findings contained in the body of the report stated otherwise.
He also noted that on pages two and three of the report, the medical expert, who examined his client observed that he (Okah) suffered from "psychotic depression, fatigues disorder and auditory/visual hallucinations.
" Ainetor said in view of the contradiction in the findings and conclusions contained in the report, there was need for further evaluation of his client.
He therefore pleaded that the judge order that a fresh examination be conducted on Okah to specifically, ascertain his mental state.
"Based on the contradictory nature of the report, it can not be relied on.
There is need for it to be given the benefit of the doubt," Ainetor said.
In his ruling, Justice 0kolawole upheld Ainetor's argument and held that there was need for a fresh examination of the accused to ascertain his actual mental state.
He also observed that the report submitted to the court contained some medical terms, which even he (the judge) could hardly comprehend.
He therefore ordered that the new examination should be conducted at the National Hospital, Abuja by two or three psychiatric experts, who must jointly sign the report.
He also directed that the report, to be submitted to the court at least 72 hours before the next date, should be written in common English language that can easily be understood by a layman.
The presiding judge held that it was the position of the law that an accused person must be medically fit to stand trial as he argued that the indictment against the accused person was weighty and attracts severe punishment.
The judge said although the court's rules requires that criminal cases be heard promptly, he would rather make haste slowly in this case to avoid wasting judicial time and resources in conducting a trial that could be rendered a nullity by the appellate court on health ground The judge adjourned to February 5 to await the result of the fresh assessment.