Confusion as Calabar Magistrate Court Remands Businessman After Court Had Adjourned for the Day

Confusion has surrounded a decision by Magistrate Court 1 in Calabar to remand a 45-year-old businessman, Archibong Essien, at the Afokang Correctional Centre after the court had already risen for the day on Monday, July 14, 2025. The move has sparked criticism from members of the legal community in Cross River State, with many questioning the legality and timing of the order.

Essien, a native of Ikoneto in Odukpani Local Government Area, was brought before the court in a remand proceeding initiated by the Commissioner of Police. During the hearing, the prosecuting counsel, Ubi Ofem Esq., asked the court to remand the defendant pending legal advice from the Attorney General of the State. The police explained that the remand was intended to ensure Essien’s safety and security until his expected arraignment at the High Court in Calabar.

Essien’s defence team objected to the remand and requested that the case file be transferred, arguing that the contents of the affidavit supporting the remand proceedings fell outside the jurisdiction of the Magistrate Court. Despite this, Chief Magistrate Mercy Ene ruled in favour of the prosecution and ordered Essien’s remand at the Afokang Correctional Centre until the matter is transferred to the State High Court for further hearing.

Legal observers have raised concerns about the propriety of the remand order, particularly because it was made after the court had officially concluded its business for the day. The incident has prompted ongoing debate within legal circles across the state.