The Council of Ogoni Professionals and the National Union of Ogoni Students, USA, both affiliates of the Movement for the Survival of the Ogoni People (MOSOP), have raised objections over the trial procedures of 12 MOSOP members at the Rivers State High Court, Nchia Division.
They said the trial procedures of the 12 MOSOP members, under the presiding Judge, Hon. Justice Constance D. Green may deny the 12 MOSOP members justice.
The two groups alleged that the presiding judge disregarded judicial ethics, and the impartiality expected of a judge by allowing a debriefed claimants’ counsel to take a motion while disregarding a preliminary objection challenging the jurisdiction of the court to hear the matter.
The preliminary objection had been raised by one of the defendants, Apostle Celestine Viura, challenging the jurisdiction of the court on several grounds, including the fact that the judgment in question is currently being challenged before a court of appeal and the claimants’ lawyer, N. Tsaana-Kaa, had long been debriefed by the claimants.
The 12 MOSOP members include Messrs Legborsi Pyagbara, Fegalo Nsuke, Bariara Kpalap, Friday Bemah, Chief Keeper Gbaranor, Prince Biira, Dike Theophilus, Boy Nnaa, Theophilus Joseph Meekor Mbagha, Apostle Celestine Viura, Mr Alex and Adamgbo Sylvester.
The Ogoni professionals and students in the US made the claim in a statement signed by Daewifa Barima Wifa Council of Ogoni Professionals (COP, USA) and Freddie Idamkkue, President, National Union of Ogoni Students (NUOS USA).
Part of the statement reads: “The Council of Ogoni Professionals and the National Union of Ogoni Students , USA strongly condemn the actions of Justice Constance D. Green in the case, and will further take every necessary legal action(s)to ensure that the defendants are not denied justice.
“While COP and NUOS hold the Nigerian judiciary in high esteem, we will not expect that Justice Constance D. Green be allowed to drag the reputation of the Nigerian Judiciary into the mud”.
The groups asserted that after the judge had delivered judgement in the matter, the second defendant, Fegalo Nsuke, filed an appeal against the judgement at the Federal Court of Appeal, Port Harcourt Division on August 4, 2020.
They claimed that instead of the judge hearing a preliminary objection challenging the court’s jurisdiction to entertain the suit following the appeal, she attempted to take a motion to substitute the claimants in the suit on February 14, 2023, noting that “this suggests that Hon. Justice may have a mindset on the issue and is compromised”.
The Ogoni professionals and students in US added that despite the claimant writing the counsel in the suit, Naagbanton Tsaana-Kaa on February 2, 2022, to disengage his legal services and not to further represent them in the suit, the judge is attempting to assume jurisdiction in a matter that an appeal has been entered and the Appeal Court processes are before her.
The statement added: “We have become seriously disturbed by the decisions of Hon. Justice Constance D. Green on Tuesday, February 14, 2023, during which the judge attempted to take a motion to substitute claimants in the suit while a Preliminary Objection (PO) challenging the jurisdiction of the court is pending.
“In fact, the judge refused to take the PO and attempted to take a motion seeking to substitute all the claimants with fresh names”.

By: Ike Wigodo