Henry Okah Demands Access to Constitutional Court, Insinuates Planned Rendition to Nigeria

Henry Okah, former leader of the Movement for Emancipation of the Niger Delta (MEND) has demanded from the South African government access to constitutional court for his case proceedings.

Okah is in South Africa jailed over allegations of terrorism in Nigeria. He was arrested on Oct 2, 2010, days after the Oct 1, 2010 Abuja Independence Day bombings that killed 12 people.

Okah made the demand in a letter titled: Wilful Obstruction Of Access To The Constitutional Court And Planned Unlawful Rendition To Nigeria.

In the letter which he made public on Tuesday 26th May, 2026, Okah said “for years his attorneys have been subjected to bribery and intimidation and the result is predictable as there has been repeated termination of mandates and the collapse of every attempt to litigate” his case.

While faulting the justice system of South Africa, Okah accused South Africa president, Cyril Ramaphosa and his government of interference as they forced him to represent himself in court despite having no legal training. “This is a mockery of the right to a fair trial”. Okah said.

Reaf full statement below 👇 and see original attached letter.

WILFUL OBSTRUCTION OF ACCESS TO THE CONSTITUTIONAL COURT AND PLANNED UNLAWFUL RENDITION TO NIGERIA.

You ignored my first letter, presumably expecting that I would waste my limited time and resources on litigation you could influence behind the scenes. I will not play that game.

This second letter is for public consumption. The South African public deserves to know how the African National Congress and its representatives, including yourself, have perverted the justice system to avoid accountability.

The facts as I state them:

1. Denial of Constitutional Access Since 2018:

Since 2018, I have been systematically blocked from challenging the lawfulness of my detention and from appealing the Constitutional Court’s confirmation of my conviction in S v Okah ZACC 3.[2018]

This is a direct violation of Sections 34, 35(2)(d), and 35(3) of the Constitution, which guarantee the right of access to courts, the right to appeal a wrongful conviction, and the right to have the lawfulness of one’s detention determined.

My criminal appeal was decided in February 2018. That does not extinguish my right to return to the Constitutional Court where I believe its order was erroneously granted in a matter over which South African courts lacked jurisdiction. Acts committed during an ongoing armed conflict within the exclusive territorial jurisdiction of a foreign sovereign state cannot lawfully be prosecuted in South Africa.

2. Interference with Legal Representation

For years, my attorneys have been subjected to bribery and intimidation. The result is predictable: repeated termination of mandates and the collapse of every attempt to litigate my case.

Your government’s interference forced me to represent myself in court despite having no legal training. This is a mockery of the right to a fair trial.

3. Planned Rendition Disguised as Deportation

After 16 years of detention under torturous conditions, you are now pressuring me to accept parole. The purpose is obvious: release me only to immediately transfer me to Nigerian custody under the guise of deportation.

This is rendition, not deportation. The intent is to strip me of jurisdiction and prevent me from bringing a civil suit against the South African state for unlawful detention and the physical and psychological injury I have suffered in your prisons. You created this problem. Now you want to export it.

This is not justice. It is the abuse of state power to evade accountability and to deny a citizen his constitutional rights.

I demand:

1. An immediate end to all pressure to accept parole under any condition.
2. Unimpeded, direct access to the Constitutional Court so my matters can be heard.
3. A public, binding undertaking that I will not be transferred, deported, or rendered to Nigeria or any other jurisdiction except through a lawful extradition ordered by a South African court.
4. An independent investigation into the interference with my legal representatives since 2014.

If these allegations are false, produce the evidence and allow my case to proceed unobstructed to the Constitutional Court. Silence and further obstruction will be taken as confirmation.

I reserve all my rights, including the right to pursue civil action for unlawful detention, obstruction of justice, and cruel and inhumane treatment.

Yours sincerely,

Henry Okah- Prisoner of War.

See attached original letter of Henry Okah.