Rev. Rufus Iwuajoku Onuekwusi & Ors V. The Regtstered Trustees Of The Christ Methodist Zion Church (2011)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.S.C.

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 churchs 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 Uziho, 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 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 erected 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:

‘A declaration that the 1st, 2nd, 3rd, 4th and 5th defendants in the above suit are no longer ministers and members of the Christ Methodist Zion Church;

A declaration that the 6th, 7th, 8th, 9th and 10th defendants in this suit are no longer members of the Christ Methodist Zion Church;

An order of the Court for the defendants to surrender and/or return to the plaintiffs all monies and properties of the Christ Methodist Zion Church in their possession or custody by virtue of their membership and position in the said Christ Methodist Zion Church:

An injunction perpetually restraining the defendant, their servants and/or agents-from

Interfering with the management, control, affairs, properties and business of the said Christ Methodist Zion Church in the parishes and stations of the said Church in Imo State of Nigeria and particularly at Obazu Mbieri, Orodo, Isiekenesi, Agwa, Owerri, Aba and Atta: