Emeka Ike vs Actors Guild: Appearance Of New Lawyer Stalls Suit Over Leadership Crisis

Emeka Ike vs Actors Guild: Appearance Of New Lawyer Stalls Suit Over Leadership Crisis

A Federal High Court Lagos was on Thursday forced to adjourned hearing in a suit filed by Nollywood Actor, Emeka Ike, against the Actors Guild of Nigeria (AGN),  due to controversy over legal representation for the AGN.

The case, which was filed by Ike over the protracted leadership crisis in the association, was again stalled due to the appearance of a new counsel for the AGN.

At the resumed hearing of the matter yesterday, counsel to the plaintiff, Malcom Omirhobo, informed the court that the matter was slated for hearing of his client application and that he was prepared to go on.

But the proceedings took a new turn when a lawyer, Nelson Amaechina announced his appearance for the respondent.

The move was objected to by Omirhobo, who told the court that Amaechina can not appear in the matter because he new and had never appeared in the suit before.

"My lord, I want to bring to the notice of this court that my learned friend has no locus or right of appearance in this suit and cannot be heard; he is an interloper.

"He has not been the counsel appearing for the respondents in this matter, and there are no processes or documents before this court, evidencing a change of counsel.

"With respect to this honorable court, I think the business of today is to hear our motion which has been adjourned for hearing more than four times in a roll

"If my learned friend is desirous of appearing in this matter, then since the last adjourned date, he ought to have done the needful by putting the necessary processes before the court.

"This matter has lingered on for too long, and the respondents, in breach of the orders of this court, had conducted their elections, and are busy constituting havoc across states of the federation, by dissolving committees.

"There must be an end to litigation, and so, It is in the interest of justice for this case to be heard, so as to lay all these catastrophe to rest," he said 

But in his response, Amaechina informed the court that he was duly briefed by the respondents to appear on its behalf.

The lawyer said that although he was new in the matter, he was making necessary efforts in ensuring that he secured the case file from the previous counsel, adding that it had been difficult for him.

According to Amaechina, the plaintiff's counsel had no locus to challenge his appearance in the suit, adding that only the respondents had the right to do so.

He however, prayed the court to afford him little time to regularise his position and properly come before the court.

"My lord, I will ensure that l put in the necessary application latesttomorrow," he said

In a short ruling, Justice John Tsoho, held that shutting out the respondent inspite of efforts by counsels to represent them, would not amount to fair hearing.

"It is my view that counsel to the respondent have not acted coherently in this suit, as the retrieval of a case file should not hinder the filing of an application for change of counsel.

"But notwithstanding that the appearance of counsels for the respondent has been irregular, It is my view that it will be unfair to shut them out.

"In line with Order 22 rule 9 of the Federal High Court Civil Procedure Rules, I decline granting the prayer to proceed with hearing of this matter today.

"The matter shall be adjourned, with fresh hearing notices issued," he said

Judtice Tsoho then adjourned the case to December 17 for hearing of the plaintiff's amended originating summons, and the respondents preliminary objection to the suit.

He ordered hearing notices to be issued on the respondent.

The actor had filed the suit through his counsel, Malcom Omirhobo, on July 25, 2013, challenging the formation of an illegal government coined "National Unity", to run the affairs of the AGN.

The plaintiff is seeking an order of court, reviewing the 2007 Constitution of the guild, as it relates to the tenure of members of board of trustees.

He averred that the board, comprising: Mr Segun Arinze, Prince Ifeanyi Dike, Mr Emmanuel Oguguah, Mr Murphy Stephen, Mr Sunny McDon and Mr Okey McAnthony, have remained in office since July 13, 1999 when the guild was incorporated.

He had therefore, sought for an order, setting aside the appointment of Arinze as President of the guild, as well as an order, reviewing the provisions of the guild's constitution.

Justice Tsoho had earlier granted an interim order, for status quo to be maintained, and adjourned for hearing of the substantive suit.