Lagos – A popular Nollywood actor, Emeka Ike has
informed a Lagos Island Customary Court that he
had filed an application before a High Court
restraining the lower court from hearing the divorce
suit filed by his estranged wife, Emma.
informed a Lagos Island Customary Court that he
had filed an application before a High Court
restraining the lower court from hearing the divorce
suit filed by his estranged wife, Emma.
Emma had sometime in 2015 approached the court
to dissolve the 16 years union between her and the
Nollywood actor on grounds of incessant battery.
The allegation which the actor had vehemently
denied, and begged the court not to separate them,
saying “I still love my wife’’.
When the matter which was slated for judgment
came up on Tuesday, Emeka’s lawyer, Mr Abdul
Labi-Lawal informed the court that his client had
filed a stay of proceedings before a High Court in
Lagos.
The application marked FCMP/20054/16 had
Emma and the Customary Court President, Mr Awos
Awosola as the first and second defendants
respectively.
The application sought the High Court’s declaration
that the Lagos Island Customary Court lacked
requisite jurisdiction to entertain and determine the
Ike’s divorce suit.
The application noted that the marriage between the
estranged couple was conducted in Enugu State
under the Igbo customs and traditions.
Emeka also urged the High Court to declare that all
the proceedings already conducted by the
Customary Court in respect of couple’s marriage be
rendered null and void.
The Nollywood actor also applied for a perpetual
injunction restraining the Customary Court’s
President, Awosola, and any other person appointed
in the capacity of entertaining and or continuing the
proceedings in respect of the couple’s divorce suit.
Labi-lawal, therefore, urged the court to stay
proceedings on the suit pending the hearing and
determination of the suit at the High Court.
Opposing the application, Emma’s lawyer, Mr
Iheanyi Awa urged the court to discontinue the stay
of application and deliver judgment.
Awa, who said Emeka’s application was aimed at
arresting the court’s judgment, informed the court
that neither his client nor himself had been served
with the application.
“It is an attempt to arrest the judgment of the court,
I am aware that the respondent wants to arrest the
judgment which is to be delivered today.
“The stay of proceedings has been decided for a
long time and court has ruled that it has jurisdiction
to entertain the matter.
“It is a ploy to frustrate my client, they just want to
delay the judgment till another day.
“The court should give its judgment and if they are
not satisfied, they can appeal,” he said.
After listening to the submissions of both parties,
the court said; “In view of the submission of the
respondent, the stay of proceedings is hereby
granted, and the matter is hereby adjourned sine
die.’’
