The Akwa Ibom State Directorate of Public Prosecutions has taken over the prosecution of a criminal case involving a herder accused of allowing cattle to repeatedly invade and destroy farmland belonging to investigative journalist and farmer, Ibanga Isine.
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The development followed an order by Chief Magistrate Maureen Udoka of Chief Magistrate Court 1, directing the police to release the case file to the DPP for continuation of the prosecution.
The case, Commissioner of Police v. Abdullahi Yusuf, arose from allegations that cattle repeatedly entered and damaged farms operated by Isine in Uyo.
The matter has attracted public attention because of its potential implications for the enforcement of Akwa Ibom State’s anti-open grazing law, which prohibits open grazing of livestock and provides for the establishment of ranches. The law was signed in September 2021 by former Governor Udom Emmanuel.
The case had previously generated controversy after the magistrate who initially handled it, Godwin Edemekong, withdrew from the proceedings following complaints about his handling of the matter, including allegations that journalists and the complainant were removed from the courtroom.
Following the controversy, Isine said he petitioned the Chief Judge of Akwa Ibom State, Justice Ekaette Obot, requesting the reassignment of the case.
He also petitioned the Directorate of Public Prosecutions and the Nigerian Bar Association, asking that the DPP take over the prosecution.
When the matter came up on Tuesday, counsel representing the DPP, Cecile Umana, made an oral application requesting that police prosecutor Blessing Essien hand over the case file to the DPP’s office.
Umana relied on the constitutional powers of the Attorney-General of a state to take over and continue criminal proceedings instituted by another authority or person.
Section 211(1)(b) of the 1999 Constitution empowers a state Attorney-General to take over and continue criminal proceedings instituted by another authority or person, with such powers exercisable through officers of the department.
The defendant, Abdullahi Yusuf, was present in court and represented by his counsel, Isaiah Ibok.
The defence did not oppose the application by the DPP.
Chief Magistrate Udoka consequently ordered the police to release the case file to the DPP to enable the Directorate to take over and continue the prosecution.
The matter was adjourned until September 16 for the commencement of hearing.
Speaking with journalists after the proceedings, Isine expressed satisfaction with the reassignment of the case and the decision of the DPP to take over the prosecution.
“I am very happy that the case has been assigned to the Chief Magistrate. I am confident that the issue will be given the attention it deserves,” he said.
Isine maintained that the dispute went beyond his personal experience as a farmer and raised wider questions about agriculture, food security and the protection of farms from roaming cattle.
“Pursuing this case is not about me but Akwa Ibom State,” he said.
According to him, farmers must be able to invest in agriculture without the fear that their crops could be destroyed by roaming livestock.
“It is about food security, stability and affordability,” Isine said.
“If we have to farm, feed ourselves and sell, we will have to protect our farms. People should not own cows and use our crops to feed their cows.”
He stressed that both cattle rearing and crop farming were legitimate economic activities but argued that neither should be conducted at the expense of the other.
“Cattle rearing is a business and farming is also a business. They should coexist equally and the best way to coexist is through ranching,” he said.
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