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DATE=4/20/2000 TYPE=CORRESPONDENT REPORT TITLE=NIGERIA / MOSOP (L-ONLY) NUMBER=2-261567 BYLINE=JOHN PITMAN DATELINE=ABIDJAN CONTENT= VOICED AT: INTRO: A leading human-rights activist in Nigeria has filed a counter-suit against the police for allegedly detaining him illegally last week. Ledum Mittee of the Movement for the Survival of the Ogoni People, was released on bail on Tuesday, after spending five-days in jail in connection to a violent protest against the Shell Oil Company. Correspondent John Pitman has more from our West Africa bureau. TEXT: Ledum Mittee says the police broke the law last week when they detained him without charge beyond the 24-hour limit allowed by the constitution. One of Mr. Mittee's lawyers tells V-O-A the lawsuit will ask for five-million dollars in damages plus a public apology from the police. Speaking to V-O-A two-days after being released on bail and being officially charged with arson, conspiracy, and destroying property, Mr. Mittee said he was not guilty, and would fight for his rights. /// MITTEE ACT /// I think the Nigerian law says I am entitled to compensation, I am entitled to (a) public apology by the police. /// END ACT /// Mr. Mittee was detained on April 13th apparently in connection with an outbreak of violence in his home town, K'dere, two-days earlier. On April 11th, a confrontation between ethnic-Ogoni supporters and opponents of a new road project by the Shell Oil Company left up to 10 people dead when police intervened. As the leader of the Movement for the Survival of the Ogoni People, Mr. Mittee has been an outspoken critic of Shell's operations in the section of southeastern Nigeria that makes up Ogoniland. But Mr. Mittee says he was not involved in the violence on April 11th because he was in Nigeria's capital that day, arguing an unrelated case before the supreme court. Medubari Deekor, one of Mr. Mittee's lawyers in Port Harcourt, tells V-O-A the charges against his client are - preposterous. // OPT // And Mr. Deekor says the defense team is optimistic about beating the charges against Mr. Mittee when the court resumes its hearings on May third. The defense team, which is led by a prominent Lagos lawyer, Femi Falana, says it will target jurisdictional problems with the prosecution's case. Mr. Mittee says his lawyers will argue that the case should be thrown out because the magisterial court in Port Harcourt is not eligible to hear arson cases. He adds that Port Harcourt is also an inappropriate venue for the trial, since the alleged crimes were not committed there. // END OPT // Still, Mr. Deekor says despite his optimism, this case bears uncomfortable similarities to the case brought against the Ogoni playwright Ken Saro-Wiwa and 15 other activists - including Mr. Mittee - in 1995. // OPT // Mr. Deekor says this case is, in his words, - a replay - of that trial, with the notable exception that a civilian court is hearing the case this time, not a military tribunal. /// DEEKOR ACT // OPT ACT /// As far as the charges against him were concerned they were similar because this is somebody who was not there. He traveled two-days before that date in K'dere, in Ogoni. And preposterously he was charged with inciting people to do what they did, which they did on the spur of the moment. /// END ACT // END OPT /// Ken Saro-Wiwa and eight other activists were hanged following their trial in 1995, sparking an international campaign to isolate the military government of the day, led by General Sani Abacha. Ledum Mittee escaped the hangman in 1995. If convicted of the arson charge now pending against him, he faces a maximum penalty of life in prison. // OPT // This case comes as Shell has tentatively begun returning to the Ogoni area, which it abandoned in 1993 under pressure from protests led by the Movement for the Survival of the Ogoni People. Speaking to V-O-A, Mr. Mittee said he believes his opposition to Shell's return was directly related to his arrest. A coalition of Nigerian human-rights groups have also recently accused Shell of sponsoring violence in Ogoniland, a charge the company denies. Lawyer Medubari Deekor says the company may also be trying to buy its way back into the hearts and minds of the Ogoni people, by offering to build new roads and other lucrative projects. /// DEEKOR ACT #3 /// Well, I cannot name names, but there are so many people, especially local chiefs and elected representatives of the people. You know, it is the method of Shell to deal with people who appear easier, who appear to be soft. Instead of dealing with MOSOP, they prefer dealing with people who are soft. /// END ACT // END OPT /// Shell was unavailable to comment for this story, but Tuesday a spokesman told the Reuters news agency that the company was interested in - reconciliation, development and a speedy return to normalcy in Ogoniland. (SIGNED) NEB/JP/GE/ENE/RAE 20-Apr-2000 14:16 PM EDT (20-Apr-2000 1816 UTC) NNNN Source: Voice of America .





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