The magistrate presiding over a criminal case arising from the alleged repeated destruction of a journalist’s farmland by cattle has withdrawn from the proceedings following controversy over his handling of the matter.
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The case, involving the Commissioner of Police and Abdullahi Yusuf, arose from allegations that cattle repeatedly invaded farms belonging to investigative journalist and farmer Ibanga Isine.
The proceedings are being closely watched as a potential test of the enforcement of Akwa Ibom State’s anti-open-grazing law.
Counsel to the nominal complainant, Sammy Etuk, disclosed after Monday’s proceedings that the presiding magistrate of Magistrate Court 7, Godwin Edemekong, had recused himself from the case.
According to Etuk, the magistrate said he was stepping aside because of the public attention surrounding the proceedings and what he described as the “abrasive and offensive nature” of the nominal complainant.
The withdrawal followed criticism over the magistrate’s earlier decision to exclude Isine from the courtroom while allowing the defendant and those accompanying him to remain.
The decision attracted condemnation from journalists and civil society organisations, which raised concerns about transparency, equal treatment and the complainant’s right to a fair hearing.
Reacting to the development, Isine thanked the magistrate for withdrawing from the case, saying he had lost confidence in his ability to conduct the proceedings fairly.
“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.
Isine, however, rejected the suggestion that he had been offensive or disrespectful towards the court.
“I never at any point insulted or did anything against His Worship,” he said.
He recalled that he attended court as the complainant but was ordered to leave the courtroom while the defendant and those who accompanied him were permitted to remain.
Isine also alleged that he was singled out during Monday’s proceedings when the magistrate instructed him to switch off his mobile phone and place it in his pocket.
“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,” he said.
According to him, he questioned why the court appeared to be focusing particularly on him, prompting the court clerk to clarify that the instruction was intended for everyone present.
Monday’s proceedings also witnessed renewed restrictions on journalists seeking to cover the case.
The court reportedly insisted that media practitioners would only be admitted upon presenting official identification cards and permits issued by the Chief Judge of Akwa Ibom State.
Consequently, journalists, including a reporter from Premium Times and Emediong Silva of XL FM, were denied entry into the courtroom.
The restriction deepened transparency concerns arising from the earlier exclusion of journalists from the proceedings.
The Akwa Ibom State Council of the Nigeria Union of Journalists had previously demanded sanctions against Edemekong over the eviction and barring of reporters from the court.
Isine disclosed that he had formally petitioned the Chief Judge of Akwa Ibom State, requesting that the matter be reassigned to another magistrate.
He also submitted petitions to the Director of Public Prosecutions and the Nigerian Bar Association.
The journalist asked the DPP to take over the prosecution, arguing that the matter went beyond his personal dispute with the defendant.
According to him, the case provides an opportunity to determine whether Akwa Ibom State’s anti-open-grazing law can effectively protect farmers and hold offenders accountable.
Akwa Ibom enacted its anti-open-grazing law in 2021 to address conflicts between farmers and herders and prevent the destruction of crops and other agricultural property by roaming livestock.
Despite the legislation, farmers in parts of the state have continued to complain about cattle invading their farms, weak enforcement and the limited prosecution of alleged offenders.
Observers believe the case could become one of the most significant judicial tests of the state’s anti-open-grazing regime.
The reassignment of the matter is expected to determine how the prosecution will proceed and whether the allegations will be fully tested before a new magistrate.
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