A magistrate handling the criminal case arising from the alleged destruction of a journalist’s farmland by cattle has withdrawn from the matter following controversy over his handling of the proceedings.
The case, which is between the Commissioner of Police and Abdullahi Yusuf, stems from allegations that cattle repeatedly invaded farms owned by investigative journalist and farmer Ibanga Isine, in what observers consider an important test of Akwa Ibom State’s anti-open-grazing law.
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Counsel to the nominal complainant, Sammy Etuk, told PREMIUM TIMES shortly after Monday’s proceedings that the presiding magistrate, Godwin Edemekong of Magistrate Court 7, recused himself from the case.
According to Mr Etuk, the magistrate said he was stepping aside because of the public attention the matter had attracted and what he described as “the abrasive and offensive nature of the nominal complainant.”
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The development comes days after PREMIUM TIMES reported the controversy surrounding the magistrate’s handling of the proceedings, including the exclusion of the nominal complainant from the courtroom while allowing the defendant and others to remain, a decision that sparked criticism from media and civil society groups.
Speaking with PREMIUM TIMES, Mr Isine welcomed the magistrate’s decision to withdraw from the case.
“I want to thank the magistrate for doing the honourable thing. This is because, as it were, I had lost confidence in him. I didn’t see him as capable of giving me a fair hearing and justice,” he said.
Mr Isine, however, rejected any suggestion that he had behaved offensively towards the court.
“I never at any point insulted or did anything against His Worship,” he said.
“I was in court for my case, and His Worship ordered me out of the court while allowing the defendant and everybody that came with him to remain.
“Even today, he subtly harassed us. His voice was raised when he asked me to switch off my phone. I was the only person asked to switch off my phone and put it in my pocket. I raised a point asking why they were particularly focused on me. That was when the court clerk said the directive was meant for everyone.”
Journalists barred again
Monday’s proceedings also witnessed fresh restrictions on media access to the courtroom.
The court insisted that journalists could be admitted only if they presented official identification cards along with permits issued by the chief judge of Akwa Ibom State.
As a result, journalists, including a PREMIUM TIMES reporter and Emediong Silva of XL FM, were denied entry.
The restriction came despite transparency concerns following the earlier controversy surrounding the proceedings, especially the barring of journalists from the court.
PREMIUM TIMES reported that the Nigeria Union of Journalists, Akwa Ibom State Council, had demanded sanctions against Mr Edemekong over evicting and barring journalists from the court.
Petitions filed
Mr Isine said he formally petitioned the chief judge of Akwa Ibom, requesting that the case be reassigned to another magistrate.
He said he has also submitted petitions to the Director of Public Prosecutions (DPP) and the Nigerian Bar Association, asking the DPP to take over the prosecution.
According to him, the case extends beyond his personal grievance.
He said it presents an opportunity to test the effectiveness of Akwa Ibom’s anti-open grazing law, enacted in 2021 to address recurring conflicts between herders and farmers.
Despite the legislation, the destruction of farmland by herders and their cattle has remained a persistent challenge in parts of the state, with many affected farmers complaining of weak enforcement and limited accountability.
The reassignment of the case is expected to determine how the prosecution proceeds in what may be one of the state’s most closely watched tests of its anti-open grazing regime.
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