The Akwa Ibom State Directorate of Public Prosecutions (DPP) has taken over the prosecution of the criminal case involving a herder accused of allowing cattle to destroy the farmland of investigative journalist and farmer, Ibanga Isine.
The development followed an order by the Chief Magistrate, Court 1, Maureen Udoka, on Tuesday, directing the police to hand over the case file to the DPP.
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The case, Commissioner of Police v. Abdullahi Yusuf, arose from allegations that cattle repeatedly invaded and destroyed farms operated by Mr Isine in Uyo.
The matter has attracted public attention because it is seen as a test of the enforcement of Akwa Ibom State’s anti-open grazing law, which prohibits open grazing of livestock and provides for the establishment of ranches. The law was signed by former Governor Udom Emmanuel in September 2021.
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PREMIUM TIMES had reported that the magistrate previously handling the case, Godwin Edemekong, withdrew from the matter following controversy over his handling of proceedings, including the alleged removal of journalists and the complainant from the courtroom.
Mr Isine subsequently said he petitioned the Chief Judge of Akwa Ibom, Ekaette Obot, seeking the reassignment of the case. He also said he petitioned the DPP and the Nigerian Bar Association, asking that the DPP take over the prosecution.
DPP takes over
When the case came up on Tuesday at the Chief Magistrate Court 1, counsel representing the DPP, Cecile Umana, made an oral application for the police prosecutor, Blessing Essien, to hand over the case file to the DPP’s office.
Ms Umana said the application was based on the powers of the attorney-general of the state to take over and continue criminal proceedings instituted by another authority or person.
Section 211(1)(b) of the 1999 Constitution empowers a state attorney-general to take over and continue criminal proceedings instituted by another authority or person. The provision also allows the attorney-general to exercise the power through officers of the department.
The herder, Mr Yusuf was present in court and represented by his counsel, Isaiah Ibok. The defence lawyer did not object to the application.
Ms Udoka consequently ordered the police to release the case file to the DPP for the prosecution of the matter.
She adjourned the case until 16 September for the commencement of hearing.
‘This is not about me’
Speaking to journalists after the proceedings, Mr Isine expressed satisfaction with the reassignment of the case and the decision by the DPP to take over its prosecution.
“I am very happy that the case has been assigned to the Chief Magistrate. I am confident that the issue will be given the attention it deserves,” he said.
He said the case was bigger than his personal dispute with the alleged cattle owner. “Pursuing this case is not about me but Akwa Ibom State,” Mr Isine said.
According to him, the case touches on food production and the ability of farmers to invest in agriculture without fear that their crops would be destroyed by roaming cattle.
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“It is about food security, stability and affordability,” he said.
“If we have to farm, feed ourselves and sell, we will have to protect our farms. People should not own cows and use our crops to feed their cows.”
Mr Isine said cattle rearing and crop farming were both legitimate businesses but should be conducted in a manner that protects the interests of both sides.
“Cattle rearing is a business and farming is also a business. They should coexist equally and the best way to coexist is through ranching,” he said.
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