CaseLaw
Onuekwusi V. Regd Trustees Christ Methodist Zion Church (2011) CLR 3(h) (SC)
Judgement delivered on February 25th 2011
Brief
Facts
The plaintiff at the High Court of Imo State (trial court), holden at Owerri, is a Religious Body known as and called THE CHRIST METHODIST ZION CHURCH and incorporated on the 26th of September, 1949 under the Land (perpetual succession) Act Cap. 98, Laws of the Federal Republic of Nigeria. It was founded in 1942 and has branches all over Nigeria including Mbiere, It is a member of an International Council of Christian Churches with Headquarters at AMSTERDAM. The overall headquarters of the Church is situate at OBAZU MBIERE.
According to the version of the plaintiff, the Government of the Church is entrusted into the hands of the president who is the spiritual head of the church; the clergy, the secretary, the Assistant Secretary, the Treasurer, the Trustees and the representatives from each of the parishes. The election of the officers is usually for a term of three years but the general conference has the right to extend the period and has the power of suspending or dismissing any member whose life and religious practices are not compatible with the Biblical Ordinances. The church has no provision for the appointment or designation of Bishop or any of her ministers. The ministers of the church, averred the plaintiff, are ordained by the church's senior Ministers and the Ministers after such ordination go about preaching and disseminating the words of God to the people. The officers, the running and the administration of the church are as contained in the Constitution of the said church. The officers of the church fall into two categories, ministerial and non-ministerial.
The plaintiff maintained that the original Trustees of the Church were: Timothy Nwanyawu, Joshua Uboh, Natheniel Achirike and Isiah Anumudu. All these persons as at the date when the writ of summons was issued were dead. On the 16th of December, 1985, thirteen months after the action had commenced, new Trustees were registered in the persons of Rufus Ike, Martin Uzino, Gilbert Mbah and Jonah Duruebube. The Conference of the Christ Methodist Church had taken a resolution to merge with the Methodist Church, Nigeria, which decision some members objected to.
The facts in brief, are as follows: the land in dispute formerly formed part of the land owned by one Aige, a Yoruba man and native of or an indigene of Ikorodu, Lagos State under customary law or native law and custom. On his death intestate, the property devolved on his children as family property. At some time later, the family decided to partition the family property at Aige family and allotted the land in dispute to one of the descendants of Aige by name Chief T.K. Dada. After his death, the family conveyed by deed of grant the said parcel of land to:The defendants averred that they never agreed with the plaintiffs to fuse with the Methodist Church of Nigeria at the material time. They rather opted to retain the independent identity of the Christ Methodist Zion Church. The church elected new trustees as the human registered Trustees have all died. Names of the new Trustees were forwarded to the Minister for Internal Affairs for registration. The defendants averred further that the Registered Trustees of the Christ Methodist Zion Church are not and cannot be a religious body. They .admitted that the church has branches all over Nigeria but deny that it is a member of an International Council of Christian Churches with the headquarters at Amsterdam. That Late Rev. M. D. Opara was the sole founder of the church and all others invited were subordinates. That it is the exclusive preserve of the president to ordain ministers and that Rev. Opara ordained all the ministers in his life time and on his death the new minister (1st defendant) started ordaining. The defendants denied almost all the facts averred to by the plaintiff. The plaintiff then took out a writ of summons claiming as follows:
The appellants were dissatisfied with the decision of the trial court and they appealed to the Court of Appeal. The Court of Appeal dismissed the appeal hence the present appeal to this court by the appellants.