By: Our Reporter Calabar
A Magistrate Court sitting in Calabar, has again adjourned a case involving an Environmental activist, Mr, Odey Oyama to February 27,2025 as the prosecuting Counsel failed to produce evidence for trial as originally ordered by the court.
In case No Mc/20C/2025, the Magistrate, Okoho Bassey Otu had on the 7th of February, 2025 ordered the prosecutor to produce evidence for trial to begin on the 14th of February 2025.
Recalled that the activist, Oyama was alleged to have promoted a native war in Effi, his community in Ikom local government area of Cross River state.
But the Prosecutor OU Ubi insisted of producing evidence for the trial to begin.
He has made an application to the Chief Judge of Cross River state seeking the transfer of the case back to Ikom division where the case emanated.
According to the Prosecutor, “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 Rive State Criminal Justice Law which empowers the Chief judge of the State with the judicial powers to direct where a case should be heard.”
However, the Defence Counsel, Chief Sunny Mgbe in his argument told the court that the prosecutor was to come with evidence for trial.
“Your Worship we have submitted to the decision of the court for the case to commence in Calabar Division”.
He argued that though the prosecutor had made an application to the Chief Judge of Cross River.
He maintained that 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, “my Lord disregard this”, he stated.
In her submission, the Magistrate, Okoho Bassey Otu said, “the court shall grant one more adjournment within which shall determine whether the case will continue in Calabar or not.
She urged the Prosecuting Counsel got the approval of the application before the next adjourned date.
“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”.
The Court adjourned the matter to 27th February 2025 for either hearing or as will be directed by the Chief judge of the State.
