Popular Nigerian actor, Emeka Ike, has won the first round of the battle to reclaim his school, St. Nicolas College which was taken from him following a court judgment delivered on November 22, 2013.
The school, located in highbrow Magodo area of Lagos, was taken over from the actor after Magistrate Olagbegi Adelabu of Ikeja Magisterial District entered judgment in favour of Samak Investments Limited, a company owned by Mr. Ike’s landlord.
But in a ruling delivered on February 23, 2016, Magistrate A.R Onilogbo sitting in Ikeja, granted leave to the actor to appeal the earlier judgment, as well as extended time for him to file the appeal.
The leave was granted despite stiff opposition from counsel to Samak Investments, Ndubuisi Nwogbo, who argued that the actor failed to establish any exceptional circumstances to justify the prayer apart from the “vague reference” to financial loss.
But Magistrate Onilogbo, in her ruling, held that: “By the provisions of Section 70 (1) of the Magistrate Court Law of 2009, which provides that leave of court is required in all civil appeals, the applicant (Emeka Ike) must therefore seek the permission of the court to file the appeal. The nature of discretion required in such circumstances is one which requires the court to act according to rules of reason and justice and not private opinion; and according to the provisions of the law.
“It is my finding that the grounds of appeal as contained in the applicant’s notice of appeal dated 10th February 2014 raises inter alia, issues of mixed law and fact which thus require that he seek the leave of court to appeal in respect thereof.
“I also find that the grounds of appeal raise cogent, substantial and triable issues. In the light of the above, the defendant/applicant (Emeka Ike) is hereby granted leave of this honourable court to appeal against its judgment.”
In the notice of appeal, the actor, through his lawyer, Jimilu Habu Bashir, is contending that the court lacked the jurisdiction to determine the case as at the time it did because parties were still before an arbitral panel over the issue.
Emeka Ike also argued that he was not given fair hearing as he was not allowed to participate in the proceedings that led to the judgment evicting him from the property.
Speaking in an interview after the ruling, the actor said about N4bn worth of investment was affected in the process of the eviction.
He said: “As at the time the property was given to me on lease basis, the building was just block. There was no fence, no roof, no window, no door, no cement. I came and did everything and made it a house. The cost of finishing a house is one million times more than putting a block. I also did concrete on the whole floor and changed the structure into a school.
“Our lease agreement was for ten years, and I was just within five years when they came and threw my things away and suddenly they started another school there. Is it fair?
“Despite my right, I was even begging them that we should settle it because the money I invested was huge and while we were at arbitration trying to settle amicably, the old man (landlord) went behind and got a judgment which they used to throw my things out.
“We are trying to promote entrepreneurs in this country, but with the old man’s action, my 22 staff were thrown into labour market and my students were affected badly,” Emeka Ike recounted.
