Ortom: Court strikes out case against Journalist

From Uche Nnorom, Makurdi

A Chief Magistrate Court sitting in Makurdi has struck the case between Benue State Governor and a journalist Mr. Sunday Egena Ode for lack of merit.

Mr. Ode, an Editor with Peoples Daily has been standing trial since 2021 on allegation of falsehood and defamation of character of the Governor.

It could be noted that Mr. Ode had sometime ago, published a press statement accusing Governor Ortom if sloppy handling the communal criss between the Bonta people of Konshisha Local Goverment and Ukupute of Oju Local Government Area which had lingered for long, leading to several deaths and destruction of property.

Recall too that, it was the same Bonta community that more than 12 soldiers were brutally murdered by armed thugs. 

Infuriated by Ode’s press statement, the Governor had ordered his arrest and also, instituted a suit against him.

During one of the mentions of the case, counsel to the defendant(Ode) Barr. Okpale Ojikpa observed an ambiguity in the First Information Report, FIR on whether the offences are against Governor Ortom or the State government, adding that the said offences were said to be seen on the Nigeria Bar Association, NBA Whatsapp page even when the defendant is not a lawyer.

Moving his oral application for bail, Barr. Okpale argued that the offences against his client are bailable, noting that he(Ode) had in all ramifications displayed a sense of integrity by presenting himself in court without compulsion.

According to Okpale, ‘’my client has shown evidence of a citizen who would not run away from trial or interfer with Police investigation. He has met all the conditions for bail as enshrined in section 166 of the Criminal Penal Code, CPC.

Police Investigator, Inspector Anthony Idoko told the court that the defendant was arrested on 22nd April, 2021 and released three days after, maintaining that he was never re-arrested by the Police as he came on his own to the court  from his house.

Police Prosecutor Hyacinth Gbako failed in his arguments to oppose the application for bail as he incoherently muttered that the offences against the defendant was published on the internet.

Asked by the Presiding Magistrate if the defendant was re-arrested on different charges, Gbako could not explain. Hence, he incurred the wrath of Chief Magistrate who said furiously “Persecutor you are misleading the court”.

In his ruling, Chief Magaitrate Vincent Kor noted that the defendant was initially granted administrative bail because he displayed a sense of patriotism.

“I find merit in application for bail by counsel to the defendant and grant him same in the sum of 500,000 naira and a surety in like sum who should deposit a document of landed property with the registrar of the Court, two (2) passports and photocopy of National Identity card.

At the last hearing of the case on 27th January, 2022, counsel to Governor Ortom Barr.S.E. Irabor moved an oral application stating that his client has agreed to withdraw the First Information Report, FIR against the defendant

Police Prosecuting Counsel Barr Ato Godwin did not oppose to the application for withdrawal of the FIR. Likewise, counsel to the defendant Abraham Aruta did not oppose to the withdrawal.

Consequently, the Presiding Chief Magistrate Justice Vincent Kor terminated and struck out the case.