Josiah Kayode Owodunni V. Registered Trustees Of Celestial Church Of Christ & Ors. (2000)

LAWGLOBAL HUB Lead Judgment Report

OGUNDARE, J.S.C.

This appeal raises once again the vexed question of locus standi which, in spite of a plethora of decided cases on it, still remains a Gordian knot. A number of judicial pronouncements have been made and academic papers written. Rather than the problem being solved, it has become more intractable as the case now on hand demonstrates.

The dispute between the parties arose as a result of the demise on 10th September, 1985 of the Reverend Pastor Samuel Bilehou Joseph Oshoffa, prophet and founder of the Celestial Church of Christ, a religious organisation duly registered in 1958 as a corporate body under the Lands (Perpetual Succession) Act, cap. 98 laws of Nigeria) 1958. The Church, founded in 1942, has chapters (otherwise called dioceses) in various countries of the world; including Nigeria. The Nigeria diocese has a constitution which was adopted in 1980. Section 146 of the said constitution established a body known as the Registered Trustees of the Church and comprised seven members, namely, Reverend Pastor Prophet/Founder Samuel Bilehou Joseph who was Chairman, Supreme Evangelist Alexander Abiodun Bada (2nd Defendant in these proceedings), Superior Senior Evangelist Samuel Olatunji Ajanlekoko, Superior Senior Leader Olayinka Molabi 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.

Following the death of Pastor Oshoffa, the 1st defendant met in December 1985 and chose the 2nd defendant as successor to the late Pastor, as head of the Church. The choice of the 2nd defendant followed 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 defendants, a parcel said to have come from the late Pastor and containing a wooden cross, cowrie ,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 defendant 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, on 2nd October 1987, instituted the action leading to this appeal claiming by his writ of summons, the following reliefs:-

“1. A declaration:

(i) that the naming and proclamation of the defendant, Supreme Evangelist Alexander Abiodun Bada, as successor to the office of Pastor of Celestial Church of Christ, (Nigeria Diocese)’ is unconstitutional, null and void and of no effect.

(ii) that the Trustees of the Celestial Church of Christ (Nigeria Diocese) have no power under the 1980 Constitution of Celestial Church of Christ (Nigeria Diocese) to name the successor to the office of Pastor of Celestial Church of Christ (Nigeria Diocese).

(iii) that any official act undertaken and/or performed by the 2nd defendant as the Pastor and/or the successor to the office of Pastor of the Celestial Church of Christ (Nigeria Diocese) from 24th day of December, 1985.onwards, is invalid, null and void and of no effect.

2. An injunction:

(i) restraining the defendants, their servants, agents, privies, or howsoever from enthroning and/or installing the 2nd defendant as the Pastor and spiritual Head of the Celestial Church of Christ (Nigeria Diocese);

(ii) restraining the 2nd defendant from parading himself as a Pastor or attiring himself in the robes and regalia of the Office of Pastor of Celestial Church of Christ (Nigeria Diocese).

3. An account of all money collected by the 2nd defendant in respect of the anointment by him for members of the Celestial Church of Christ (Nigeria Diocese) from 24th December, 1985 onward.”

Pleadings were filed and exchanged and, by orders of court, amended. In the course of the proceedings, the defendants counter-claimed for –

(i) A declaration that they are entitled to the possession, management and control of the premises and property of the Church building and premises known as the Ijeshatedo Parish.

(ii) An injunction restraining the defendants by counter-claim, their servants, agents and supporters from interfering with the plaintiff by counter-claim rights over the said premises.

The defendants to the counter-claim are the plaintiff and two others – J. O. Pase and E. O. Gbingie who were, by order of the court made on 1st December 1989, made parties to the action. In his amended statement of claim plaintiff finally claimed –