Pastor Emmanuel Mobiyina Oshoffa & Ors V. Superior Evang. Simeon Bajela Kosoko & Ors (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

The suit leading to this appeal was filed by the Respondents through a writ of summons dated 31st of October, 2006;Amended statement of claim and other front loaded processes attached thereto. The Amended writ of summons dated 23/11/06, which was filed against the 1st – 13th Defendants (now Appellants) had sought for the following reliefs:

AMENDED STATEMENT OF CLAIM

1. The 1st claimant is the shepherd-in-charge of the Celestial Church of Christ, Oshodi Parish 1, at No. 11, Olatunji Street, Oshodi, Lagos while the other Claimants are members of the Council of Elders charged with sundry duties especially to see to the smooth administration of the said Church and the welfare of its members.
2. The matter relates to the administration of the Celestial Church of Christ, Oshodi Parish 1, Oshodi, Lagos hereinafter referred to as “the Church” under the control of Nigerian Diocese Tejuosho Headquarters, Surulere, Lagos,
3. The 1st Defendant is the Pastor in Charge of the Ketu Headquarters a faction of the Celestial Church of Christ.
4. The 2nd Defendant is a floating and idle Evangelist who had been rejected by all the parishes of the Celestial Church of Christ due to his spiritual and administrative incompetence.
5. The 1st Defendant is now attempting to impose the 2nd Defendant as the Shepherd in Charge of our Church, Oshodi Parish 1, which is under Tejuosho Parish.
6. One Senior Evangelist Michael Elegbede Dosumu, who died on the 25th of November 1988, was the Shepherd in Charge of the Church.
7. The 6th Defendant is the wife and widow of the late Shepherd while the 7th, 9th, 10th, 11th and 12th Defendants are children of the said late Shepherd.
8. The 13th Defendant has only three (3) surviving members who are Superior Evangelist Samson Olatunde Banjo, Superior Evangelist Oluremi Olusoga Ogunlesi and Superior Evangelist Josiah Kayode Owodunmi out of the original seven (7) members.
9. The remaining Defendants are members of the Church Parish (that is, Oshodi parish 1).
10. The church is the owner of the piece or parcel of land situate lying and being at No. 11, Olatunji Street, Oshodi on which the church cathedral is built.
11. At the trial of this suit the claimants shall rely on a copy of the perimeter survey plan No.LU/CA/7064B/84 dated the 28th of September 1984 showing the delineation of the said church land and which Survey plan was prepared without any disturbance from any quarters howsoever.
12. During his lifetime the late Shepherd in Charge of the said Parish, senior Evangelist Michael Elegbede Dosumu also acquired a piece or land adjoining the said Church land for himself and in his name.
13. At the trial of this cause the claimants shall found and rely on the Survey plan No.LU/CA/7064A/84 showing the land of the said Senior Evangelist Michael Elegbede Dosumu.
14. The claimants plead that said Michael Elegbede Dosumu developed his personal residence on his own said parcel of land and resided therein with members of his family until his death sometime around the 25th of November 1988.
15. That since the demise of the late Michael Elegbede Dosumu the 1st claimant had been the shepherd in charge of the said parish performing his spiritual and administrative duties creditably and to the satisfaction of everyone.
16. The claimants state that indeed the positive role and evangelism of the 1st claimant had led to the steady increase and growth in the membership of the Parish,
17. The claimants aver that with the death of the Founding Pastor of the Celestial Church of Christ Pastor S. B. J. Oshoffa and the death of his Successor, Pastor Bada, there had been serious crisis in the Church leading to the emergence of five

(5) factions under different pastors namely:

(i) Ketu under Pastor Oshoffa the 1st Defendant

(ii) Tejuosho under Pastor Maforikan

(iii) Ijesha under pastor Owodunni

(iv) Imala under pastor Shonekan

(v) Port Novo under pastor Agbaosi

18. The 1st Defendant is the Pastor in charge of the faction having its headquarters at Ketu, Lagos comprising only a very few parishes.
19. Further to paragraphs 8, 17 and 18 above, the claimants aver that while two (2) of the surviving members of 13th Defendant i.e. Superior Evangelist Olatunde Banjo and Superior Evangelist Olusoga Ogunlesi belong to the Ketu faction headed by the 1st Defendant, the remaining surviving member of the 13th Defendant Evangelist Kayode Owodunni is the head of Ijesha faction of the Celestial Church of Christ.
20. By its meeting herd on the 13th day of October, 2002 the Oshodi Parish 1, Oshodi, Lagos, unanimously resolved and decided to become a parish under the Nigeria Diocese with headquarters at Tejuosho Surulere, Lagos.
21. The claimants say that since the time the said decision was arrived at, the Oshodi Parish 1 had ceased to have any dealing with the Ketu faction while its dealing and activities have continued to be with the Diocese of Nigerian Tejuosho Surulere, Lagos under pastor Maforikan.
22. In furtherance of the facts mentioned in paragraphs 16 to 20 hereof the position of the 1st claimant as the shepherd-in-charge of Oshodi Parish 1 was reconfirmed by a letter of Reconfirmation of Appointment dated the 22nd of October, 2003 duly signed by Rev. Pastor Prophet (Dr.) P. S. Maforikan (J.P) the Pastor and Spiritual Head, Celestial Church of Christ Worldwide, Tejuosho, Surulere Headquarters, Lagos.
23. That during his lifetime the late Shepherd-in-Charge, late Senior Evangelist Michael Elegbede Dosumu, the Church was administered as an entity separate and distinct from his personal estate and he never arrogated to himself the ownership of the Church and its assets.
24. That indeed between the Church premises and the house/residence of the late Michael Elegbede Dosumu there is a wall fence to demarcate the two premises,
25. The Claimants contend that after the death of the said late Shepherd in 1988, the Church had continued to be administered as a Church jointly owned by its teeming members for the perpetuation of the Ministry of Jesus Christ
26. However to the consternation of the peace loving members of the Church and in breach of standard Christian behavior and value the members of the family of late Michael Elegbede Dosumu comprising the 6th – 12th Defendants by themselves and some hardlooking thugs and miscreants broke into and disrupted church services on the 10th of September 2006 claiming that the church is their personal property and attempted to cause mayhem.
27. But for the timely intervention of neighbours and passers-by, the said 6th – 12th, Defendants would have inflicted grievous bodily harms and wounds on members of the church and some visitors to the Church.
28. That similar attempts were made on the 17th and 24th of September 2006.
29. That these people then threatened to attack the Church during thanksgiving service scheduled for the 15th of October, 2006,
30. To avert the threat by the said 6th – 12th Defendants to unleash violence on the church, a petition was written by the church to the Area commander Area ‘F’ Police Command G.R.A. Ikeja for intervention and protection of the lives of members and the properties of the church from wantom destruction.
31. The claimants state that but for the presence of the police on the 15th of October 2006 the Defendants

would have executed their threat which would most probably have led to loss of rives and destruction of Church properties.

32. Following the report to the police, the 6th-12th Defendants apologized to the leadership of the Church promising to put paid to their nefarious activities.
33. The said Defendant have now curiously reneged on their promises and undertaking to be of good behavior by now renewing their threat by mobilizing “area boys” and some hardlooking and armed men who claim to be members of the outlawed Odua Peoples Congress (OPC) to disrupt the activities of the Church from Sunday the 29th of October 2006.
34. That on Sunday 29th Octobeer 2006 the 2nd – 12th Defendants invaded the church premises to disrupt church services and cause mayhem in order to forcibly impose the 2nd and 7th Defendants on the Church but for the timely intervention of some policemen from Area “F” Command, Ikeja,
35. That to achieve their ill-motive, the 6th to 12th Defendant have concluded arrangement whereby the 1st Defendant would effect a purported transfer of the 1st claimant from Oshodi parish 1 to a parish in Jos plateau State while the 2nd and the 7th Defendants would be imposed on the Church as the Shepherd and Deputy Shepherd respectively in charge of the said Church Parish.
36. That the Defendant have now again threatened that they would cause mayhem and a breach of the peace in the premises on Sunday the 5th November, 2006.
37. The 1st Defendant had sent a verbal message to the 1st claimant that the 2nd Defendant should take over from him as the Shepherd in charge of the Parish.
38. The claimants aver that the Oshodi Parish 1, is not under the leadership of the 1st Defendant who is a

mere factional reader of the faction having their headquarters at Ketu, Lagos.

39. Unless restrained by an order of the Honourable Court the Defendants have shown and demonstrated their intention to execute their threat and thereby causing a serious breach of the peace,
40. The claimants state that none of the Defendants has any defence to this suit.
41. The claimants therefore aver that it will be in the interest of justice to enter judgment in their favour

against the Defendants as set out in the writ of Summons and Statement of Claim.

42. WHEREOF the Claimants claim against the Defendants jointly and severally the following, viz:

(i) DECLARATION that the piece or parcel of land upon which the Church Cathedral situate lying and being at No,11 Olatunji Street, Oshodi (known as Oshodi parish 1) was built by and belongs to the Church and the same does not form portion of the estate of the late Senior Evangelist Michael Elegbede Dosumu.

(ii) DECLARATION that the Celestial Church of Christ, Oshodi Parish 1, Oshodi, Lagos, not being a parish under the Ketu Headquarters presided over by the 1st Defendant, the said 1st Defendant has no pastoral or administrative jurisdiction to intermeddle over the authority and running of the affairs of the said Oshodi Parish 7.