The trial of Charles Okah, the brother of the acclaimed leader of Niger Delta militants and two others for the Independence Day bombing in 2010, was today stalled at the Federal High Court following a request for stay of proceedings pending their appeal.
Justice Kolawole adjourned the case for mention to the 28th of May after granting the application by the counsel to Mr. Okah and asking the court to stay proceedings pending the determination of an appeal before the appellate court

Despite opposition by the prosecutor, Justice Gabriel Kolowale ruled that while the court is mindful of the need to quickly dispense with cases, the court must also ensure that the right to appeal any decision by the accused person is respected.

He said there is no doubt to the veracity of the application before the court and therefore safer to adjourn the case until the appellate court decides the appeal.

Charles Okah arrived the court premises surrounded by prison officials and security operatives. And the family of one of the accused person said to have died on the 2nd of March 2012 were also in court to witness the proceedings.

The first issue considered by the court was the allegation of ill treatment of the accused persons in prison.

Lawyer to the accused persons told the court that the basic rights of Mr. Okah and his co-accused persons have been consistently violated even when they are still presumed innocent. He urged the court to grant them bail so that they can defend the charges against them from their homes. The prosecutor, Alex Izion, however opposed the bail application. Mr. Izion told the court that the application is spurious, unverified, malicious and highly speculative as there is no material proof on the allegations that the accused were maltreated. He urged the court to deny the prayers of the accused.

Justice Kolawole who sought clarifications from a prison warder on the enforcement of the rights of a prisoner subsequently made an order that the controller of prison be directed to ensure that the accused persons get similar treatment as other inmates which include the right to exercise, worship and healthcare.

Counsel to Mr. Okah also requested for adjournment saying the accused person has an appeal which will be determined on the 23th April.

Again the prosecuting counsel opposed the application. Mr. Izion was of the opinion that commencing the hearing in the suit will have no harm on the case; therefore the court should not grant the application.

Justice Gabriel Kolawole therefore ordered stay of proceedings in the suit until the 28th of May.

The court also struck out the name of the deceased accused person from all the charges before the court. Leaving only three accused persons, Charles Okah, Obi Nwabueze, and Edmund Ebiware.