MOSOP Forces Ledum Mitee Back To Court To Restrain Mitee from further Parading as MOSOP President
MOSOP Law Suit stopping Ledum Mitee from parading as MOSOP President is back in court with a new judge in charge, despite several unethical judicial moves and statement published on the internet and print media that the case has been dismissed.
Mitee has been making moves to black out the lawsuit before the case was reassigned to a new judge.
On February 22, 2010, Hon. Justice A. I. Iyayi of the High Court of Rivers State of Nigeria in the Bori Judicial Division Holden at Bori ruled and ordered the immediate re-listing of the case to hear it on merit.
MOSOP is represented by Uche Onyeagucha, Chinda & Associates Law Firm. MOSOP Attorney Iheanyichukwu Wodi argued on point of law to persuade Her Lordship to relist the case.
Speaking to newsmen, Attorney Wodi said the case of MOSOP conjures up concepts like law and order, security, justice and peace necessary among social grouping.
“No responsible social grouping,” Wodi said, “operates without reference to law or a constitution.”
The case will be heard on March 15, 2010.
On April 29, 2009 MOSOP filed the lawsuit; sought and obtained a restraining order on Ledum Mitee to stop parading.
The court order followed the election of a new MOSOP President/Spokesman, Hon. Goodluck Diigbo, who was sworn-in on April 26, 2009.
Mitee who lost the election refused to give account and to handover after 14 years in office. The constitution of MOSOP permits holding of office for two years and another two years if re-elected; not exceeding four years in total.
Mitee first promised to handover; but later demanded for an extra six months.
The move was viewed by MOSOP leadership as part of Mitee's planks to become MOSOP life president.
On November 12, 2009, Federal Government Economic and Financial Crimes Commission, EFCC arrested Ledum Mitee for defrauding MOSOP.
There have been discovery of massive frauds during Mitee's 14 years in office.
The fraud was first exposed by independent investigators in Geneva, Switzerland that documented monies from European governments and foundations and United States of America received by Mitee and not accounted for or applied as expected.
Most of the donations were in foreign currencies in dollars, Euro and Pounds from the United States of America, European countries, running into billions of naira.
Federal Government of Nigeria and Bayelsa and Rivers State governments also donated N170 million received by Mitee to build monument for Ken Saro-Wiwa and other Ogoni heroes and heroines who lost their lives in MOSOP activism on behalf of the Ogoni people.
The Suit/BHC/36/2009 was before Hon. Justice R. I. Ahiakwo – in the High Court of Rivers State of Nigeria in the Bori Judicial Division Holden at Bori before MOSOP lost total confidence total confidence in the court presided over by the former judge and applied for reassignment.
On the 18th of June, 2009, the judge dismissed a Motion Exparte Order 7 Rule 5 moved by my counsel as a means to obtain an order for substituted service on the defendant. The defendant/respondent, Barrister Ledum Mitee had evaded a restraining Order on him to stop parading as MOSOP President after 14 years in office. The Order was issued by the said judge on the 29th April, 2009. The second Bailiff, Mr. Chika Ntara attached to Deputy Sheriff's Office, High Court, Port Harcourt sworn to an Affidavit of Non-Service on 1st June 2009 with which my counsel had sought a new order for substituted service.
Even when the defendant suddenly appeared in court on the 18th of June, 2009 and my counsel prayed the court to grant order to serve the defendant here and there in court, the judge still refused.
On the 29th of April, 2009 being the day the order was issued, my counsel requested for at least three days to serve the Order, but the judge insisted that we must serve by 6pm same day; leaving us with only four hours to navigate difficult traffic congestion from Bori to Port Harcourt to serve the defendant that same day.
Out of the 2nd, 16th and 18th of June, 2009 the judge set for accelerated hearing, we were only informed after hours of sitting in the court that the judge would not be showing up two of those three days. The judge may have had good reasons for not showing up, but his handling of the case had made me and the entire Movement for the Survival of the Ogoni People, MOSOP lost total confidence in the court presided over by him in this particular case.
The chief judge eventually reassigned the case – Suit/BHC/36/2009, which pending in High Court 1 Bori to another judge before it was struck out. When it was re-filed court papers got missing exposing Ledum Mitee planks.
Statement by MOSOP President/Spokesman Goodluck Diigbo in reaction to the relisting of MOSOP Lawsuit stop Ledum Mitee from Parading as MOSOP President
1. MOSOP believes that the court of justice, independent of the executive and unbiased by partisan political affiliation has the power to protect Ogonis from corrupt individuals who act in the name of MOSOP to murder, defraud and use the name of Ken Saro-Wiwa and Ogoni people for money making, with backing by Governor Rotimi Amaechi of Rivers State.
2. The Constitution of MOSOP as released in 1993 continues to receive general and broad assent of the Ogoni people and has been consecrated by the blood of Ogoni heroes and heroines and the unshakable commitment to the Ogoni cause by time, customs and traditions.
3. MOSOP is determined to continue to pursue the course of justice nonviolently and hopes that criminals in position of influence will allow the Court to administer open and well established laws reflected by MOSOP Constitution.
Hon. Goodluck Diigbo
February 24, 2010