(NIGERIA) The appearance of a new lawyer, Nelson Amaechina, today stalled hearing into the suit against the Actors Guild of Nigerian (AGN), by popular nollywood actor, Emeka Ike over alleged leadership tussle.
This development prompted the Federal High Court sitting in Ikoyi, Lagos presided over by Justice James Tsoho, to fix December 17, 2014 for hearing of the said suit.
At Thursday's sitting on the matter, Malcom Omirhobo who had announced appearance for the AGN informed the court that the matter was slated for hearing, adding that he was prepared to go on.
However, Amaechina, in the same vain, announced his appearance for the respondents.
But in reacting, Omirhobo informed the judge that Amaechina had no right of audience in the suit, on the reason that he was new and had never appeared in the suit.
According to Omirhobo, "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."
Responding, Amaechina told Justice Tsoho that he was duly briefed by the respondents to appear on its behalf.
The lawyer posited 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.
Amaechina further argued that the plaintiff's counsel had no locus to challenge his appearance in the suit, with a further position that only the respondents had the right to do so.
The lawyer then urged the judge to allow him little time to regularise his position and properly come before the court.
He said, "My lord, I will ensure that l put in the necessary application latest tomorrow."
In his ruling, Justice Tsoho derclared 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."
It would be recalled that Ike had filed the suit on July 25, 2013.
He is challenging the formation of what he termed an illegal government coined "National Unity", to run the affairs of the AGN.
Ike wants an order of the court, reviewing the 2007 Constitution of the guild, as it relates to the tenure of members of board of trustees.
The popular actor maintained that the board, comprising: Segun Arinze, Prince Ifeanyi Dike, Emmanuel Oguguah, Murphy Stephen, Sunny McDon and 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.
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