CaseLaw
Owodunni V. Regd. Trustees of CCC (2000) CLR 6(s) (SC)
Judgement delivered on June 30th, 2000
Brief
Facts
Pastor Oshoffa (founder and prophet) died on 10 September 1985. The church was registered in 1958 as a corporate body under the Lands (perpetual succession) Act, (Cap. 98) Laws of the Federation of Nigeria, 1958. S. 146 of the constitution of the church established a body known as the Registered Trustees of the church. This body comprises of seven members, namely, .Reverend Pastor Prophet Founder Samuel Bilehou Joseph Oshoffa who was Chairman, Supreme Evangelist Alexander Abiodun Bada (2nd Defendant in these proceedings), Superior Senior Evangelist Samuel Olatunji Ajanlekoko, Superior Senior Leader Olayinka Afolabi Adefeso, Superior Senior Leader Josiah Kayode Owodunni (the Plaintiff in these proceedings), Superior Senior Leader Oluremi Olusoga Ogunlesi and Superior Senior Leader Samson Olatunde Banjo, as members.
All members of the Registered Trustees, except the late Pastor Oshoffa and the plaintiff, now constitute the 1st Defendant in these proceedings. The 2nd Defendant was equally sued in his personal or private capacity.
When Pastor Oshoffa died, the 2nd Defendants met in December, 1985 and chose the 2nd Defendant as successor to the late Pastor, as head of the church based on a message by one Amu (a non-member of the church) transmitted to the 1st Defendant as coming from the late Pastor to the effect that he (the late Pastor) had named the 2nd Defendant as his successor. Amu also gave to the 1st Defendant a parcel said to have come from the late Pastor and containing a wooden cross, cowry shells and a stick of candle. The Plaintiff who was absent at the meeting of the Registered Trustees, on learning of what took place, opposed the choice of the 2nd Defendant as Pastor and head of the church on the ground that the procedure adopted was contrary to section 111 of the constitution of the church in Nigeria. In spite of the opposition of the Plaintiff, the 1st Defendants during the 1985 Christmas service proclaimed before a congregation of the church at Imeko, the 2nd Defendant as the successor to the office of Pastor of the church. Since his proclamation as Pastor, the 2nd Defendant has been performing the duties of that office.
The plaintiff sued.