ANCOP VS NFVCB: NFVCB, Adedayo Thomas, Counsel Absent in Court

As hearing continued today Thursday, January 27, 2022 at the Federal High Court, Ikoyi, Lagos in a suit filed by the Incorporated Trustes of the Association of Nollywood Core Producers (ANCOP) and Alex Eyengho (1st and 2nd plaintiffs respectively), the National Film and Video Censors Board (NFVCB), its Executive Director, Alhaji Adedayo Thomas (1st and 2nd defendants respectively) and their counsel, Bashiru Popoola were conspicuously absent in court without any notice or apologies whatsoever.

It would be recalled that the plaintiffs (ANCOP and Alex Eyengho) had approached the court to challenge what it described as the unlawful directives issued by the 2nd defendant (Alhaji Adedayo Thomas) to all associations and guilds in Nollywood to each compulsorily register under the 1st defendant (NFVCB) for a one-off fee and pay annually a certain percentage as checkoff fee to the NFVCB from the annual dues paid by each member to their various associations and guilds, failing which movies from defaulting members of associations and guild would be denied the statutory censorship/classification by the defendants.

When the suit was called up for hearing, the plaintiffs and their counsel, Solomon Edoh were present in court but the defendants and their counsel were nowhere to be found, even as the plaintiffs' counsel reminded the judge that the defendants and their counsel were well aware of the day's sitting as their counsel in particular was in court during the previous sitting of the court and indeed agreed to the day's sitting. 

The presiding judge, Hon. Justice (Mrs) Abimbola Olawunmi Awogboro, said she would give the defendants and their counsel benefit of the doubt by giving one more adjournment.

However, counsel to the plaintiffs, Barr. Edoh, told the court that he has a motion to amend his clients' Originating Surmon, which had been duly served on the defendants and their counsel, even as he further asked the court to order the hearing notice for the next adjourned date to be served on the defendants and their counsel.

Responding, the judge agreed with Barr. Edoh and thus ordered that the hearing notice for the next adjourned date be served on the defendants and their counsel and thereafter adjourned the matter to March 10, 2022 for hearing. 

Speaking to judicial correspondents after the court sitting, the 2nd plaintiff and one of the trustees of ANCOP, Alex Eyengho stated that they were in court partly to seek legal interpretations of specific laws of the extant Act and Regulations of the NFVCB. Said Eyengho: "This suit is not just about ANCOP, Alex Eyengho or Alhaji Adedayo Thomas but about the autonomy of the associations and guilds in Nollywood vis-a-vis the extant laws of the NFVCB. Ordinarily, this is a class action or industry/Nollywood-wide action for the common good and overall interest of the associations and guilds in Nollywood. It is also aimed at putting relevant laws to the strictest test with a view to deepening such laws for the benefit of all in Nollywood and relevant government agencies relating with the industry. So, there is absolutely nothing personal in initiating this suit."

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