A Magistrate Court sitting in Calabar has once again adjourned the case against environmental activist, Odey Oyama, to February 27, 2025, after the prosecution failed to present evidence for trial as previously ordered by the court.
The case, numbered MC/20C/2025, was slated to begin on February 14, 2025, following a directive by Magistrate Okoho Bassey Otu on January 7, 2025, instructing the prosecution to provide evidence.
Oyama is accused of allegedly inciting a native war in his community of Effi, located in Ikom Local Government Area of Cross River State.
However, instead of presenting evidence, the prosecuting counsel, O.U. Ubi, informed the court that he had submitted an application to the Chief Judge of Cross River State, requesting the transfer of the case back to Ikom, where the incident allegedly occurred.
According to Ubi, the request was made under Sections 382 and 383 of the Cross River State Administration of Criminal Justice Law (2016), which grants the prosecution the authority to seek case transfers. He also cited Sections 96 and 97 of the same law, which empower the Chief Judge to determine the appropriate jurisdiction for hearings.
In response, the defense counsel, Chief Sunny Mgbe, argued that the prosecution was expected to present evidence as directed by the court. He emphasised that the application for transfer remained a mere request until acted upon by the Chief Judge.
“My Lord, we have already submitted to the court’s decision that the case should commence in the Calabar division. Since the Chief Judge has not issued any directive to halt proceedings here, this court retains jurisdiction, and the matter should proceed as planned,” Mgbe stated.
Magistrate Okoho Bassey Otu ruled that the court would allow one final adjournment to determine whether the case would continue in Calabar or be transferred. The prosecution was urged to obtain a formal approval for the transfer request before the next hearing.
“In light of the circumstances, the court shall grant one more adjournment to allow a final decision on whether the matter will proceed in this court or be reassigned. The prosecution must secure approval from the Chief Judge before the next date,” the magistrate ruled.
The case has now been adjourned to February 27, 2025, for either trial commencement or further directives from the Chief Judge.
By Stina Ezin, Calabar