The court also adjourned the case till February 7, 2025, for a hearing.
By Emem Joshua
A Magistrate Court in Calabar, Cross River State has granted bail to embattled environmental activist, Odey Oyama, after spending days in police custody.
The court also adjourned the case till February 7, 2025, for a hearing.
Oyama, the Director of the Rainforest Resources and Development Centre, was arrested alongside six others on January 14, 2025, by police officers from the Ikom Division of the Cross River State Police Command.
The arrest took place in Oyama’s hometown, Okuni, and they had been held in custody in Calabar since then.
Ruling on the bail application on Thursday, Magistrate Okoho Bassey, in Suit No. MC/20C/2025, emphasised the importance of upholding the rule of law and protecting citizens’ rights, particularly when guilt has not been established.
She granted Oyama bail with conditions, including the sum of N5 million and two sureties.
Magistrate Bassey noted, “When a case is brought before a magistrate court for the purpose of remand, it must comply with Section 290 Subsection 1 and 2 of the Cross River State Administration of Criminal Justice Law.
“In this instance, only the charge was brought before the court, with no case file or motion.”
She added, “I am careful not to strike out this case, even though it is incompetent before me,” while criticising the prosecution for acting in bad faith.
Counsel for the defendant, Ntufam Mgbe, argued that the case should not have been brought before the magistrate court, as the court lacks jurisdiction over cases involving capital punishment.
Citing Sections 136 and 160 Subsection 1 of the Cross River State Administration of Criminal Justice Law, he urged the court to strike out the case or grant bail to the defendant.
However, the prosecuting counsel, O. U. Ubi, maintained that the court had jurisdiction over the matter and opposed granting bail, citing Sections 101 Subsections 1 and 2, and Section 102 of the same law.
Oyama and his co-defendants are being charged with allegedly promoting native war in Effi community.
Meanwhile, four of the other accused persons arrested alongside Oyama were also granted bail.