By Frank Ulom
The Magistrate Court 1, sitting in Calabar, the capital of Cross River State, and presided over by Magistrate Mercy Ene, has discharged businessman Denis Odama after the prosecution withdrew the holding charge filed against the respondent for allegedly defaming the state governor, Senator Bassey Otu.
The discharge followed the application made by the prosecution, led by F. O. Okoi Esq., who said the nominal complainant had forgiven the defendant.
“I have the directives of the applicant to withdraw this application,” Okoi said.
Okoi told the Court that the directive to discontinue is “due to some intervening factors and well-meaning citizens who have approached the nominal complainant.
“The nominal complainant has decided to forgive the respondent.
“Therefore, we withdraw this application and ask the Court to strike it out and let the defendant be discharged.”
Responding, K. Udam Esq., who led the defence team comprising Dr S. A Akpanke Esq., K. O. Tiku Esq., and Dr F. I. Ahakiri Esq., told the Court that they will not be objecting.
“We will not be opposing the application by the prosecution,” Udam, who held the brief of K. Omang Esq., said.
He continued: “In fact, we thank the wisdom of the prosecution.
“In fact, I borrow the saying that it is better for 99 criminals to walk free than for an innocent man to be locked up.”
Similarly, Festus Eze Esq., who was watching the brief of the Human Rights Committee of the Calabar Branch of the Nigerian Bar Association, also commended the actions by the prosecution.
“It is the law that the prosecution has the right to withdraw and discontinue at any time.
“It is a good omen for the development of the State,” he said and extended the appreciation of the Chairman of the NBA Human Rights Committee, Calabar Branch.
“Naturally, everything that has a beginning will have an end,” he added.
Delivering her ruling, Magistrate Ene commended the nominal complainants’ decision, quoting Matthew Chapter 5 verse 9, which speaks about those who make peace and are considered the Children of God.
The Court said it was also mindful to grant the application of the prosecution, “considering the negative momentum that has gathered on social media.”
The Court held that this was also important because the State has a Christ-like disposition and commended “those who are, and are willing to toe the path of peace.”
The Court urged all to “embrace the olive branch,” and prayed for “God’s spirit to guide.”
“The suit number MC/MSC/413/2026 is accordingly struck out, and the defendant is hereby discharged. This is the order of the Court,” the Court ordered.
Converseer reports that Governor Otu had on Wednesday night issued a directive via his official Facebook page for the withdrawal of the case against Odama.
“I have been fully briefed on the case involving Denis Odama, a young Cross Riverian who was reported to the Police by some of my aides over a derogatory and insidious statement made against my person.
“As a father and leader, I have directed the aides involved to withdraw their complaint against Mr Odama.
“I have also directed the Honourable Attorney General and Commissioner for Justice of the State to urgently review the matter and, in the exercise of his constitutional discretion, take the necessary steps to discontinue the case, so that Mr Odama may be released from the correctional centre without further delay and reunited with his family.
“I hold a firm belief and faith in the provisions of the Constitution of the Federal Republic of Nigeria, particularly Section 39, which guarantees every citizen the right to freely express themselves.
I remain committed to upholding this right for all Cross Riverians, including those who criticise me,” part of the statement by the Governor read.
Recall that Odama, CEO of Odama Motors, was arrested by the Nigeria Police in Lagos at his car stand on Monday, August 10, 2026.
He was detained in Lagos for four days, eventually flown to Calabar on Thursday, August 14, 2026, and made to appear before the Magistrate Court at Moore Road, Calabar, by 3pm on the same day. The court adjourned the matter to Wednesday, August 19, 2026, and remanded him at the Afokang Correctional Centre in Calabar.
At the adjourned date on Wednesday, August 19, the prosecution failed to file a substantive charge. However, after the motion for bail was moved again, the Court adjourned until Thursday, August 20, 2026, for a ruling, at which point he was discharged.
The discharge has received widespread jubilation across the state.