Magistrate Steps Back from Akwa Ibom Grazing Case After Issues

A magistrate dealing with a case about the alleged destruction of a journalist’s farm by cattle has withdrawn from the case after facing some issues.

The case involves the Commissioner of Police and Abdullahi Yusuf. It is about claims that cattle invaded the farms of investigative journalist and farmer Ibanga Isine. Many see this as a key test of Akwa Ibom State’s anti-open-grazing law.

Sammy Etuk, the lawyer for the complainant, told PREMIUM TIMES after Monday’s hearing that the magistrate, Godwin Edemekong from Magistrate Court 7, stepped aside from the case.

Mr Etuk said the magistrate chose to withdraw because of the public attention the case had received and what he called “the abrasive and offensive nature of the nominal complainant.”

This news comes just days after PREMIUM TIMES reported on the issues around how the magistrate was managing the case. This included a decision to keep the complainant out of the courtroom while allowing the defendant and others to stay, which drew criticism from media and civil society groups.

Mr Isine spoke to PREMIUM TIMES and said he was pleased with the magistrate’s decision to step back 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.

However, Mr Isine denied any claim that he acted offensively in 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.”

On Monday, there were also new rules about media access to the courtroom.

The court said journalists could only enter if they showed official ID cards and permits given by the chief judge of Akwa Ibom State.

Because of this, journalists including a PREMIUM TIMES reporter and Emediong Silva from XL FM were not allowed inside.

This restriction came even with ongoing concerns about transparency after earlier issues, especially the barring of journalists from the court.

PREMIUM TIMES reported that the Nigeria Union of Journalists, Akwa Ibom State Council, asked for action against Mr Edemekong for kicking journalists out of the court.

Mr Isine said he has formally written to the chief judge of Akwa Ibom, asking for the case to be given to another magistrate.

He has also sent petitions to the Director of Public Prosecutions (DPP) and the Nigerian Bar Association, asking the DPP to take over the case.

According to him, the case is not just about his personal issue.

He said it is a chance to test how well Akwa Ibom’s anti-open grazing law works. This law was created in 2021 to help solve ongoing problems between herders and farmers.

Despite the law, the destruction of farmland by herders and their cattle continues to be a big problem in parts of the state. Many farmers affected have complained about poor enforcement and a lack of accountability.

The reassignment of the case will be key in deciding how the prosecution moves forward in what could be one of the state’s most closely watched tests of its anti-open grazing law.