There was confusion on Monday, July 14, 2025, at the Magistrate Court 1 in Calabar, Cross River State, after a 45-year-old businessman, Archibong Essien, was remanded in prison even though the court had already closed for the day.
Essien, who hails from Ikoneto in Odukpani Local Government Area, was brought before the court on the orders of the Commissioner of Police through a remand proceeding.
The prosecuting counsel, Ubi Ofem Esq., asked the court to remand the defendant at the Afokang Correctional Centre pending legal advice from the Cross River State Attorney General. According to the police, the remand was necessary to ensure Mr. Essien’s safety and secure his availability for trial at the State High Court.
Essien’s lawyers objected, saying the affidavit supporting the police’s application raised issues beyond the Magistrate Court’s powers. They asked that the case be immediately transferred to the State High Court in Calabar.
Despite the legal argument and the fact that the court had officially closed for the day, Chief Magistrate Mercy Ene ruled that Essien be remanded in prison until the matter is transferred to the High Court for proper hearing.
The move has sparked criticism within the state’s legal community, with some lawyers questioning the legality and timing of the remand order. Many see it as an unusual breach of court procedure and a possible violation of the defendant’s rights.
The case has now drawn attention to the need for clearer processes around remand proceedings, especially in matters that fall outside a magistrate’s jurisdiction.