Court Frees Cross River Governor’s Critic After Defamation Case Withdrawn

 

A Magistrate Court in Calabar, Cross River State, has discharged businessman Denis Odama after the prosecution withdrew a case filed against him for allegedly defaming Governor Bassey Otu.

Odama was freed on Thursday following the decision of the prosecution, led by F.O. Okoi, to discontinue the case before Magistrate Mercy Ene. The development came days after the businessman was arrested and detained following a complaint by aides to the governor.

Odama was reportedly arrested on August 10 over comments criticising the governor for allegedly refusing to redeploy the state Commissioner for Sports, whom he accused of poor performance.

His detention had attracted criticism from residents and other Nigerians, with several people calling for his release and raising concerns over the implications of prosecuting a citizen over criticism of a public official.

Responding to the controversy, Governor Otu on Tuesday directed his aides involved in the matter to withdraw their complaint against Odama.

The governor also directed the Attorney-General and Commissioner for Justice to review the case and take steps to discontinue the prosecution, saying the action would allow Odama to return to his family.

Otu said his decision was informed by his commitment to the constitutional right to freedom of expression, particularly Section 39 of the Nigerian Constitution.

The governor acknowledged that while citizens should exercise their freedom responsibly, his administration remained willing to listen to criticism, advice and suggestions aimed at improving the state.

At Thursday’s proceedings, the prosecution formally withdrew the case, with Okoi telling the court that he had the directive of the applicant to discontinue the application. Following the withdrawal, Magistrate Ene discharged Odama.

The case has renewed attention on the delicate balance between protecting public officials from defamatory claims and safeguarding citizens’ constitutional right to criticise those who exercise public authority.