Magistrate Okoho Bassey of Magistrate Court 7, in Moore Road Calabar, Cross River State, has granted embattled environmental activist and Director of the Rainforest Resources and Development Centre (RRDC), Odey Oyama, bail after spending 10 days in detention.

Oyama and four others were granted bail on Thursday on the condition that he ensure peace in the Effi Community.

The embattled activist was arrested, along with four others, in his hometown in Ikom on Tuesday, January 14, 2025, by the police on the charge of promoting native war in the Effi community in Ikom, although the allegation has yet to be proven.

In case No. MC/20C/2025, the presiding judge ruled that the court is enjoined to protect the rule of law and the rights of the citizen, especially when guilt has not been established. She therefore granted bail to the defendant with a bail condition of five million Naira and two sureties.

The judge ruled that the prosecutor did not act in good faith. She said when a case is brought before a magistrate court for remand, it must comply with Section 290, Subsections 1 and 2, of the Cross River State Administration of Criminal Justice Law. In this case, only the charge was brought with no case file or motion.

“I’m careful not to strike out this case, even though it is incompetent before me,” she stated.

Earlier, while presenting his case, the defense counsel, Ntufam Sunny Mgbe, citing Sections 136 and 160, Subsection 1, of the Cross River State Administration of Justice Law, argued that a case of such nature should not have been brought to the magistrate court since it does not have jurisdiction over a case that attracts capital punishment.

Mgbe pleaded with the court to either strike out the case or grant the defendant bail, citing Sections 136 and 160, Subsection 1, of the state justice law.

But the prosecuting counsel, O. U. Ubi, in his argument, pleaded with the court not to strike the case or grant bail to the defendant, stating that the court has jurisdiction over the case, citing Section 101, Subsections 1 and 2, and Section 102 of the state criminal justice law.

The court, however, granted bail to the defendant and four others: Alobi Ofuka, Ogbeshi Opene, Samuel Agbor, and Konye Eka. The court was adjourned until February 7, 2025.

It will be recalled that some civil society organisations on Tuesday called for the immediate release of Oyama, saying his arrest and detention by the Nigerian Police signify a rising trend of abuse and repression.

The Executive Director of PADIC, formally known as Development Concerns (DEVCON), Dr. Martins Egot, and the Director of PeacePoint Development Foundation (PPDF), Mr. Umo Isuaiko, described his arrest and detention as deliberate to keep him incommunicado.

In a statement by the Executive Director of Health of Mother Earth Foundation (HOMEF), Comrade Nnimmo Bassey, Egot of DEVCON, Isuaiko of PPDF, the Executive Director of We the People (WTP), Mr Ken Henshaw, and 28 others, it was stated that it was against the law for Odey to be detained beyond 24 hours without trial.

“The action of the Nigerian Police has once again demonstrated flagrant disregard for due process and their role in stifling dissenting voices, especially when vested business interests are at stake.”

They said, “In this instance, Odey Oyama, a conscientious objector to the destruction of the environment, rather than enjoy the protection of the government, is being systematically persecuted.”