Odey Oyama.
By Anietie Akpan
For the unptempt time, the Police Prosecutor on the matter against an environmental activist, Comrade Odey Oyama, has failed to produce evidence for trial as earlier ordered by the Magistrate Court in Calabar.
The Magistrate, Okoho Bassey Otu, had on February 7, in the case no MC/20c/2025, ordered the prosecutor, O.U. Ubi to produce evidence for trial to begin on the 14th of February 2025.
Similarly, on January 23, the Magistrate had frowned at the police prosecutor saying, “when a case is brought before a magistrate court for the purpose of remand, it ought to comply with section 290 sub section 1 and 2 of Cross River state administration of criminal justice law, that in the instant case, only the charge is brought, no case file and no motion” and there was no evidence attached.
However, when the matter came up on February 14, the Prosecutor instead brought an application he made to the Chief Judge of Cross River state seeking the transfer of the case back to Ikom division where the case emanated from.
He said, “we made the application subject to section 382 and 383 of the administration of cross river state criminal justice law 2016 which empowers the prosecutor to seek for transfer of this case.
“I also refer you to sections 96 and 97 of the cross river state criminal justice law which empowers the Chief judge of the State with the judicial powers to direct where a case should be heard”
In his response, the defence Counsel, Chief Sunny Mgbe, told the court that the prosecutor was to come with evidence for trial as ordered by the court and “Your Worship, we have submitted to the decision of the court for the case to commence in Calabar division”.
Mgbe argued that though the prosecutor has made an application to the Chief Judge of the state, “it remains a mere application untill it is acted upon or gets the approval of the Chief Judge.
Mgbe stressed that since the Chief Judge has not given any directive to stop the case from going on in Calabar division, the court has the jurisdiction to continue with the case and pleaded with the Magistrate to “disregard this”.
Giving her ruling, Magistrate Otu said, “however, in the circumstances of this case, the court shall grant one more adjournment within which the court will be in a better position to determine whether the matter shall go on in this court or not, as the prosecutor has shown that there is something before the Chief Judge”
She ordered the prosecutor to get the approval of the application before the next adjourned date and adjourned the matter to February 27 for either hearing or as will be directed by the Chief judge of the state.
Recall that in recent times, Oyama who is the Director of Rainforest Resource and Development Centre (RRDC), has been engaging in a fierce campaign against Chinese business concerns working with indigenous collaborators who are logging the Effi Rainforest recklessly, a trend that has resulted in massive deforestation, dissipation of wildlife and loss of biodiversity.
Oyama and four others were arrested in Ikom, January 14, 2025 by the Police on the charge of what they described as “promoting native war in Effi community” in Ikom Local Government Area (LGA) which though could not be proven so far.
The court had on January, 23, granted bail to Oyama and four other defendants namely; Alobi Ofuka, Ogbeshi Opene, Samuel Agbor and Konye Eka on conditions that they must produce two sureties each and the sum of N5 million each in case of failing to appear in court at next adjourned date.
Meanwhile Civil Society Organizations (CSOs), like the Director of PeacePoint Development Foundation (PPDF), Mr.Umo Isuaiko, said,,”we advocate that the state government should look into the issues of his arrest and those things Odey Oyama advocate for as far as the environment is concerned”.
They submitted that those things he advocates for “are for the good of the state and the society. We should not play politics with it”.