A Cross River State High Court in Calabar has rejected a request by the state government to bar ex- Special Adviser on Cocoa Development Control, Ntufam Dr. Oscar Ofuka, from entering or interfering with the Government Cocoa Estate in Etung Local Government Area.
The ruling, delivered by Justice Theresa Agom on November 20, 2025, in Suit No. HC/43C/2024, came amid consolidated criminal charges against Dr. Ofuka.
The prosecution, led by Michael Kekunk, Esq., had alleged that Dr. Ofuka continued to access the estate unlawfully after his appointment ended in May 2023, intimidated workers, and illegally leased parts of the farm to private individuals.
The state argued that these actions warranted an immediate restraining order against Dr. Ofuka and his agents.
Dr. Ofuka denied the accusations, telling the court he never employed thugs or engaged in intimidation.
He said his visits to the farmlands were limited to his personal holdings and were carried out under lawful police protection obtained through proper channels.
His counsel, L. O. Ita, Esq., urged the court to dismiss the application, describing it as an abuse of process and procedurally improper in a criminal trial.
Justice Agom ruled that the reliefs sought by the prosecution were not tenable in criminal proceedings.
She explained that injunctions and restraining orders are civil remedies and that the issues raised—land allocation, alleged interference with farmlands, and access disputes, are civil matters that must be pursued in a competent civil court or within the already consolidated civil suits concerning the estate.
Consequently, the court dismissed the application in its entirety, labeling it an abuse of court process.
Justice Agom emphasized that criminal courts are limited to determining guilt or innocence and cannot be used to resolve civil disputes or grant equitable relief.
