Director RRDC, Odey Oyama.
By Anietie Akpan, Calabar
A Magistrate Court sitting in Calabar on January 22, 2025 granted an environmental activist, Comrade Odey Oyama bail after spending about eight days in police custody, saying the matter lacked merit and there was no case file and no motion.
Consequently the matter was adjourned to Feb 7, 2025 for hearing.
In her rulling, in case no MC/ 20c/2025 Magistrate Okoho Bassey said, that the court was enjoined to protect the rule of law and the right of the citizen especially when guilt is not established.
She therefore granted bail to the defendant.with a bail condition of N5 million and two sureties
“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”, Magistrate Bassey said.
“I am careful not to strike out this case even though it is incompetent before me”, she said maintaining that the prosecutor did not act in good faith.
Earlier, the defense counsel Ntufam Sunny Mgbe in his argument said a case of this nature ought not to have been brought to the Magistrate Court noting that the court has no jurisdiction over a case that attracts a capital punishment.
Accordingly, he urged the court to either strike out the case or grant the defendant bail citing section 136 and 160 sub sec 1 of cross river state administration of justice law.
But the prosecuting counsel, O U Ubi in his submission held that the court has the jurisdiction over the case and should not strike out the case and not to grant bail to the defendant citing section 101 sub sec 1 and 2 and section 102 of Cross River state administration of criminal justice law.
The police is charging Oyama for allegedly promoting native war in Effi community even though they were not able to produce any evidence for that claim.
Recalled that on January 14, 2025 the environmental activist and Director of the Rainforest Resources and Development Centre (RRDC) and six others were arrested in his home town Okuni by the police from Ikom division of the State Police command, and had remained in police custody in Calabar since then.
There was jubilation in the court premises that was packed full with sympathizers and environmental activists from the Civil Society Organization.
Commenting on the matter and subsequent release on bail, the Director of Peace Point Development Foundation (PPDF), Mr. Umo Isuaiko said, the ruling on January 22 was in good faith and the best for humanity and the environment.
He advised that, “people should refrain from destroying the forest or hunting the people who are protecting the forest. Rather we should join forces to fight those who are against conservation.
“The Police and government should rather prosecute those engaging in deforestation and not those trying to protect and defend the forest”.
