Govt’s 13-Count Charge Against Austin Okai is Incurably Defective – Lawyer

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…Court hearing on Okai’s case resumes tomorrow 

As hearing resume tomorrow at the Federal High Court, Lokoja, the charges levelled against a Kogi youth leader, Comrade Austin Okai, has been described as being incurably defective.

Barrister Ojonimi S. Apeh made this known today while filing a motion at Federal High Court, Lokoja.

Apeh, representing J. S Okutepa SAN, said the 13 counts charge against Okai by Special Anti-Response Squad (SARS) is a waste of time and a breach of his fundamental rights as guaranteed by Sections 37, 38 and 39 of the Constitution of the Federal Republic of Nigeria.

“There is nothing in the 13 count charge preferred against Okai that discloses any offence known to law within the meaning of Cyberstalking under section 24(1) (a) and (b) of Cyber Crimes (prohibition, prevention etc) Act 2015 and therefore the charges are all vague, uncertain and oppressive in breach of the fundamental rights of Austin Okai as guaranteed under section 36(12) of the 1999 constitution as amended.

“It is apparent that all the offences relate to what Okai is alleged to have written on his private Facebook page and Twitter. These actions are perfectly within the fundamental rights of Okai as he was exercising his constitutional rights to privacy of telegraphic communications under section 37 of the constitution. The right of freedom of thought and to think the way he wrote and tweeted and to express himself the way he felt which rights are all protected and guaranteed by the constitution of our country”, he said.

The lead defence counsel, J. S. Okutepa SAN he expected in court tomorrow.


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