Appellants in the suit seeking to commit the president of MOSOP, Fegalo Nsuke to prison over contempt of court on Tuesday, June 28, 2022, said the legal counsel said to be representing them in the suit does not have their consent to do so and was misrepresenting them. The trial which is on-going at a Rivers State High Court sitting in Nchia, Eleme local government area will be the third trial involving a president of MOSOP. The first was Ken Saro-Wiwa, the second was Mr Ledum Mitee and now Mr. Fegalo Nsuke being the third.
In documents filed before the court on Tuesday, Obadiah Baah and Bob Maxwell told the court that the legal counsel said to be representing them, Barr.. Naagbanton Tsaana-Kaa was not authorized to do so and was acting without their consent and imposing himself as their legal counsel. The matter which is before a Rivers State High Court sitting in Nchia, Eleme local government area is being heard by the same judge who delivered the judgment in May 2020.
One of three claimants, Obadiah Baah filed a two page affidavit in which he noted that on the 19th of December 2018, a general election of MOSOP was held to determine the leadership of the organisation which Mr. Fegalo Nsuke emerged the winner and was announced by the chairman of the Electoral Committee, Chief Emmanuel Nkalaa.
Court documents further indicate that on 1st January, 2021, Bob Maxwell had written to Barr. Tsaana Kaa to intimate him of the decision to relieve him of the responsibility of serving as his counsel in the suit. Writing on behalf of the three claimants in the suit, Bob Maxwell informed Tsana Kaa of the decision to debrief him and instructed him not to represent him or any of the parties in suit anymore.
Part of the letter reads: “Against the foregoing premise, we opt to disengage you from our legal services. We make bold to demand that you immediately submit the case file and all the associated documents to us”
But in what is turning out to be unethical, Barr. Tsaana Kaa still imposes himself on the claimants and without their consent continues to represent them in court.
In his counter affidavit against the contempt charges, Nsuke challenged the jurisdiction of the court to hear the matter. He told the court that the judgment was already being challenged at the court of appeal. The court is yet to make a pronouncement on the matter.
We will bring you more reports on this case.