RIGHT OF APPEAL : PRESIDENT ACTORS GUILD OF NIGERIA,IBINABO FIBERISIMA

The Lagos State High Court on the 16^th day of March, 2015 nullify the October  re-election of the President Actors Guild of Nigeria Chief (Mrs) Ibinabo Fiberisima, the decision of the court  was that the status quo that forbade them from holding election should be maintained. Ibinabo vowed to appeal the decision of the court.

It was gathered that the President of the Actors Guild of Nigeria was dragged to court by one of her colleague who is also a well know actor Mr. Emeka Ike, Emeka in a telephone conversation with the Naija films reacted to the court judgement disclosed that he gives Ibinabo 24 hours to apologise to the Guild or she will be dragged to court again for contempt, he also referred to himself as the president of the people.

From the story above we would have seen that , there is a court judgement, someone willing to appeal the judgement, another parading himself as the new president, too much drama in just a single decision of the court , well the parties involved are theatre practitioners so expect more.............lol

We shall discuss what an appeal is all about, when an appeal is allowed plus the duration and also whether the decision of the court has appointed a new president for the Guild.

What is an Appeal? An appeal is a process of applying to a higher court for a reversal of the decision of a lower court, an Appeal is established under Section 237 of the constitution of the federal republic of Nigeria 1999.

What is Right of Appeal and whether Ibinabo has this right?

 A right of Appeal is exercisable at the instance of any party to the civil proceeding in the High Courts by virtue of Section 243 (a) of the Constitution FRN at the instance of any person having an interest in the matter. This was the decision of the court in IFEBUZOR V. EJEZIE 1998 8 NWLR PT560 but such person must show not only that he is a person having an interest but also that the order made prejudicially affects his interest. Ibinabo has a right of appeal because she’s aggrieved by the decision of the High Court by virtue of the provision of Section 241(1) 1999 Constitution.

This decision to appeal must be filed within 14 days incase of interlocutory judgement and within three months in case of a final decision.

Whether the court has appointed another President?

It was gathered that the application before the court is that the earlier decision of a court which ordered that no election should be held adhered to and this is what was adjudicated on and not appointing a new president for the AGN.

Conclusively, an appeal is filed or brought as soon as the notice of Appeal is filed at the trial court. Once an appeal is entered until it is finally disposed of, the Court of Appeal shall be seized of the whole proceeding and except if otherwise provided in the rules every application therein shall be made to the court of Appeal and not the lower court.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL