Denis Odama, the Cross River man arrested after allegedly asking Governor Bassey Otu on Facebook whether a female commissioner had his nude, has been released from a correctional facility in Calabar following the withdrawal of the complaint against him and the subsequent termination of the case.
Mr Odama announced his release on Facebook on Thursday, posting a photograph of himself in front of the gate of a correctional facility.
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“They thought they were arresting Denis Odama. They didn’t know they were arresting the son of grace. Thank you, Cross River. You stood with me and I will always stand with you,” he wrote.
He also made another post stating, “Injustice does not have a leg. It doesn’t stand. Thank you Cross River.”
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His release followed an intervention by Mr Otu, who directed his aides who reported Mr Odama to the police to withdraw their complaint.
The development brings to an end a case that began with a social media comment allegedly directed at the governor but subsequently expanded into a police petition accusing Mr Odama and three other people of cyberbullying, defamation and incitement against the Cross River government.
The Facebook comment
On 27 July, Governor Otu published a post on his Facebook page announcing the swearing-in of two new commissioners and a reshuffle of some members of the state executive council.
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Screenshots circulating online purportedly show Mr Odama commenting under the post: “That woman in the ministry of sport, does she have your nude? Why not replace her with someone that can revive sporting administration in the state.”
PREMIUM TIMES reviewed the governor’s Facebook page on Thursday but could not independently find the comment in the original publication.
The alleged comment, however, became central to a petition submitted to the police on 5 August by lawyers representing two officials of the Cross River State Government.
Petition names four people
The petition, seen by PREMIUM TIMES, was filed on behalf of the Special Adviser to the Governor on General Duties, Ekpenyong Akiba, and Commissioner for Works, Pius Ankpo.
The lawyers described their clients as “agents/representatives of the government of Cross River State”.
They complained against Mr Odama, Ochi Anthony, Mboutidem Isaac Tevest, Kelvin Chika, and others.
The petition alleged that the named individuals were “self-acclaimed content creators” who were engaged in cyberbullying government officials, defaming public office holders and inciting the public against the state government.
It alleged that the suspects had published “infamous, grossly offensive, false, annoying and injurious statements” against the government on Facebook.
The petition further accused them of portraying the Cross River government as “useless, clueless and incompetent” and of making videos allegedly vilifying Mr Otu and his wife, Eyoanwa Otu.
The petition asked the police to investigate the allegations and arrest the suspects, their alleged sponsors, informants and anyone connected to the alleged offences.
The petition cited sections 50 and 51 of the Criminal Code Act.
Odama’s arrest
Mr Odama was subsequently arrested in Lagos and transferred to Cross River.
Reports said he was initially detained at the FESTAC Police Division in Lagos before being taken to Calabar. A Magistrate Court in Calabar later remanded him at the Afokang Correctional Centre, Calabar.
A report published on Wednesday said the court further remanded Mr Odama after denying him bail, with the prosecutor yet to file the substantive case before the court.
Governor intervenes
The case took a new turn after Mr Otu said he had been briefed about Mr Odama’s arrest.
In a statement posted on his Facebook page on Wednesday, the governor said Mr Odama had been reported to the police by some of his aides over “a derogatory and insidious statement” made against him.
Mr Otu said that, as a “father and leader”, he had directed the aides to withdraw their complaint.
He also directed the Attorney-General and Commissioner for Justice to review the matter and take steps to discontinue the case so that Mr Odama could be released and reunited with his family.
The governor invoked Section 39 of the Nigerian Constitution, which guarantees freedom of expression.
“I remain committed to upholding this right for all Cross Riverians, including those who criticise me,” Mr Otu said.
He, however, called on young people to exercise the freedom responsibly and with regard for the cultural and moral values of the state.
PREMIUM TIMES had reported that in neighbouring Akwa Ibom State, a woman, Godsown Udoito has been at the correctional centre for over seven months now standing trial following allegations of online comments against Akwa Ibom Governor, Umo Eno and his family.
Police react
The circumstances surrounding Mr Odama’s arrest prompted questions about the police investigation, particularly because the petition named other individuals in addition to him.
Responding to PREMIUM TIMES questions, the Zone 6 Police spokesman, a deputy superintendent of police, Jefferson Osupe, said there was no special criterion used to select Mr Odama for arrest.
“There wasn’t any criteria to choose whom to arrest at any point in time,” Mr Osupe said.
He explained that Mr Odama was arrested because his name was contained in the petition and his alleged comment was specifically referenced.
“If Mr Odama Denis was arrested and prosecuted that’s because he was captured in the petition with reference to his comment; the same fate awaits others, as investigations are ongoing,” he said.
The police response indicates that the arrest of the other people named in the petition remains possible.
Mr Osupe said the police initially regarded Mr Odama as a suspect and took his statement after his arrest.
He said the police subsequently confirmed that Mr Odama had made the disputed comment through his Facebook account.
“The police acted based on a petition raised against the said persons, up until his arrest and his statement taken, he was only a suspect,” he said.
“After his statement it was confirmed he made the comment via his Facebook handle and was then charged to court afterwards. At that point, he became an accused as directed by the court.”
Mr Osupe said the police’s position was that it was preferable to arrest and investigate a suspect than assume innocence without conducting an investigation.
“So it is better to arrest and confirm he’s innocent than to assume innocence and later discover he’s guilty,” he said.
The police said the disputed Facebook comment was considered offensive by the complainants and amounted to an offence under the Cybercrimes Act 2015.
He specifically referred to Section 24(2) of the Act, which the police said formed the basis of the allegation of cyberbullying.
Mr Osupe stressed that the police were not the legislative arm of government and said the command’s role was to act on criminal complaints and allow the court to determine whether an offence had been committed.
He added that the police did not consider it their role to finally determine whether Mr Odama’s statement amounted to bullying.
Responding to a question on the legal basis for Mr Odama’s arrest, Mr Osupe said not every arrest requires a warrant.
He said Mr Odama was reported through a petition alleging cyberbullying, which the police considered a criminal offence under Section 24(2) of the Cybercrimes Act.
“Not all cases require a warrant. In this case there was a petition that was enough to arrest him, either via invitation or outright arrest.”
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Police deny abandoning case
The governor’s directive had raised questions about whether a criminal case could simply be discontinued because the original complainants withdrew their complaint.
The Zone 6 Police Command said it did not withdraw the case.
According to Mr Osupe, once the matter reached the court, the police could no longer unilaterally determine its outcome.
“Well, the police didn’t withdraw the case, it was handed over to the court, and anything that comes up afterwards is not within the powers of the police to do anything further as that may amount to contempt of court,” he said.
“So the police cannot be termed to have abandoned the case.”
He said where a complainant decided to forgive the alleged wrongdoing and withdraw from the matter, the police could allow the court to determine the next step.
He added that, where the matter was still within the police’s powers, the complainant could formally reduce the withdrawal to writing and, if possible, obtain an affidavit confirming that the complainant was no longer interested in the case.
“The position of the police remains neutral at all times, as it should be,” Mr Osupe said.
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