Henry Okah , the jailed leader of the Movement for the Emancipation of Niger Delta, is seeking a review at the International Criminal Court of his trial and conviction for terrorism by a South African Court in 2013.
His lawyers are now arguing that South African courts have no jurisdiction to try him for the bombing in Abuja on Independence Day in October 2010 that killed 12 people and injured 36 others.
Okah was convicted by the High Court in Johannesburg and handed 24 years for the offence.
He was convicted on 13 counts, including engaging in terrorist activities and conspiracy, under the protection of Constitutional Democracy Act.
But he has argued that the International Criminal Court is the only court with jurisdiction outside his country.
He is now seeking a declaratory order that will refer the matter to The Hague.
In his court papers, Okah said he should have been charged under international humanitarian law. His lawyer Idemudia Uriesi said: “We are arguing that he was found guilty even before the trial began.”
Okah planted two car bombs that detonated in Abuja in October 2010 on the anniversary of the country’s independence.
The MEND also claimed responsibility for the attacks on oil companies operating in the petroleum-rich delta.
Although his previous attempts to overturn his conviction failed in the Supreme Court and Constitutional Court, Okah is confident that this time around his application will be successful.