This followed an affidavit of withdrawal from the complainants Mr Gideon Amba, Chief Theophilus Dike and others.Gideon Amba and Theophilus Dike are former Kingdom Coordinator of Eleme and former Financial Secretary of MOSOP respectfully.
The complainants have approached the court to seek the extension of Pyagbara's tenure by one year. They further wanted a court order to declare that Nsuke's election was invalid by virtue of the fact that the electoral committee which conducted the elections was setup by the deputy president of MOSOP in the absence of the then president, Legborsi Pyagbara.
Surprisingly, as the matter came up for hearing on Tuesday, counsel to the claimants announced their decision to surrender and discontinue the case.
By the withdrawal, legal practitioners have been making interpretations to the ruling. Ikechukwu Chinedu K. , a Port Harcourt based legal practitioner said the implication is that the election of Nsuke is now upheld before the court as all parties will return to the status quo which following the expiration of Pyagbara's tenure, leaves no other as president of MOSOP outside Nsuke.
Another legal opinion says given the expiry of the tenure of Pyagbara as president of MOSOP, the election of Nsuke is the status quo to be maintained. He posited that the organization cannot be left without a leadership.
U. Uzodinma, another Port Harcourt based legal practitioner said the case was empty and full of spurious claims. He said the claimants saw the emptiness of their suit and found a way to avoid the bigger shame. He also held that the claimants' surrender clears every purported dispute and upholds the election of Nsuke as president of MOSOP.
The high profile case had been masterminded by Pyagbara who used his surrogates in an attempt to perpetuate himself in office.
The obnoxious side of the case is that the claimants never sought anything for themselves. All the reliefs sought by the claimants were in favour of Pyagbara whom they added as defendant Not surprisingly, Pyagbara did not respond to the claimants' implying he wanted the court to enter a default judgment given that all the claimants sought were in his favour.
The Nsuke's side responded giving details of the procedures followed to conduct the elections and providing the details with election documents. Just as hearing was to commence, the Pyagbara's side threw in the towel and the court yesterday struck out the case.
In a related matter last week, an attempt by Pyagbara to form a caretaker committee using the a federal high court in Port Harcourt also failed as the court brushed aside the plot. This followed the failure of an out of court settlement initiated by a group sympathetic to Shell and desperate to oust Nsuke as president of MOSOP mainly because Nsuke is not receptive to Shell or any other oil company's return to Ogoniland,.
Nsuke, a strong critic of Shell and advocate of social justice in Ogoni was elected president of MOSOP on December 19, 2018 defeating his only rival Mr Lazarus Tamana who was at the time was the coordinator of MOSOP in Europe.
Nsuke's election threw associates of Shell out of balance leading to their gang-up against him in an effort to frustrate his proper takeover of the Ogoni movement. The conflict got worse as he bluntly refused to support the campaign for the resumption of oil mining activities in the area without negotiations.
Nsuke argues that forceful oil mining will kill the Ogoni people as it will be resisted by the people. He says to force it on Ogoni, the government will deploy soldiers who will end up killing people. To avoid any further killing by the military, Nsuke says oil resumption should be discarded at the moment..
In a statement in November, Nsuke insisted on the rights of the Ogoni people to self determination. He said the Ogoni people have been treated most unfairly and deserve a better deal that guarantees their future in Nigeria.