Akin Kuponiyi
The legal hostility going on between Lagos Diocese of the Church of Nigeria (Anglican Communion and some of its aggrieved members has taken a new dimension, as three different applications have been filed before courts in Lagos seeking three different reliefs over the crisis.
In the first application, the plaintiffs, who are the aggrieved members are asking the court to join one Ms Abimbola Bode -Thomas who is one of the concerned elders of the Lagos Diocese as plaintiff in the suit.
They are also asking that Reverend Adebola Ayodeji Ojofeitimi, who as the Provost of the Lagos Diocese plays a pivotal role in the installation and enthronement of Bishops ought to be made a defendant in the suit in order to be bound by the final decision of the court.
In the second application, the Plaintiffs urged the court to restrain the defendants and their agents whosoever from taking any step to enthrone Reverend Humphrey Olumakaiye as the Bishop of Lagos Diocese, pending the hearing and determination of their suit.
The third application borders on which of the judges of the Federal High court should hear the case – the case was initially assigned to Professor Chuka Obiozor, but later re-assigned to the administrative judge of the court’s Lagos Division, Justice Mojisola Olatoregun.
However, the respondents wrote a letter to the administrative judge to recuse herself, on the ground that she is a communicant and a devoted member of the Church of Nigeria (Anglican Communion)
At the last hearing, Justice Olatoregun, at the open court, transferred the case file to another judge, Rilwan Aikawa of the same Lagos Division.
The case has now been adjourned till 21 June, for hearing.
It would be recalled that after the election of the Lagos Diocese of the Church of Nigeria (Anglican Communion) to choose the next Bishop of the Diocese, ten aggrieved prominent financial members and elders of the Church dragged the trustees of the Church and five others before a Federal High court in Lagos.
They are not only alleging that the election conducted by the Church was manipulated, but they are also demanding that one of the trustees of the church and the current Bishop of Lagos Diocese, Reverend Dr Adebola Ademowo should be ordered to refund the sum of N260 million he allegedly collected from the Diocese and used for his personal purpose.
The Plaintiffs who are prominent financial members and elders of the church are Asiwaju Fola Osibo, Mr Modupe Alakija, Chief Dr Oluyomi Finnih, Chief Femi Adeniyi-William, Chief Layi Ajayi -Bembe, Mrs Laide Sasegbon, Mrs Modupe Sagoe, Mr Ade Abisogun, Mr Bukola Meadows, and MS Molara Otuyelu, who are suing for themselves and on behalf of concerned members of the Lagos Diocese of the Church of Nigeria (Anglican Communion).
The defendants in the suit are the registered trustees of the Church of Nigeria (Anglican Communion), The Lagos Diocese of the Church of Nigeria (Anglican Communion), Reverend Dr Nicholas D. Okoh, Reverend Dr E. Adebola Ademowo, Reverend Humphrey Olumakaiye, and Reverend Dr Michael Fape
In a statement of claim accompanied by statement on oath of Plaintiffs witness sworn to by Chief Dr Oluyomi Finnih and jointly filed before a Federal high court in Lagos on behalf of the plaintiffs by two Senior Advocates of Nigeria Olasupo Shasore and Chijioke Okoli, It was alleged that due to the fact that Reverend Adebola Ademowo ‘s tenure as the Bishop of Lagos Diocese is about to expire, the trustees of the Church commenced steps towards the election of a new Bishop and Reverends Humphrey Olumakaiye and Micheal Fape were nominated for the position.
However, Dr Finnih averred that contrary to the established principles contained in the constitution of the Church which stipulates that elections are to be conducted by secret ballot, Reverend Adebola Ademowo began campaigning for the election of Reverend Humphrey Olumakaiye in earnest and took various steps to influence Reverend Nicholas Okoh, the Primate of the Church and other Bishops who were required to vote.
He listed the steps to include approval of the publication of photographs of Reverend Adebola Ademowo and Reverend Humphrey Olumakaiye in the Church calendar, wherein Reverend Humphrey Olumakaiye was described as the ‘godson’ and successor of Reverend Adebola Ademowo, the distribution of cash gifts to the Bishops who were to vote; and exercise of undue influence on Reverend Okoh.
He further averred that Asiwaju Bola Osibo and Chief Layi Ajayi -Bembe and one Mrs Bamidele Onafeko, another prominent financial member of the Church wrote a letter dated 4th April, 2018 to Reverend Nicholas Okoh to complain about the breaches of the constitution of the Church.
But the letter was however disregarded, and election was conducted on 6th of February, 2018. Expectedly Reverend Humphrey Olumakaiye was announced as “elected at the purported election of 6th April, 2018, Finnih said.
Upon receiving notice of the outcome of the election, the Plaintiffs again wrote a letter dated, 15th February, 2018 to Reverend Nicholas Okoh to complain of the irregularities that marred the electoral process.
In response, the Episcopal Secretary, Church of Nigeria and the Registrar jointly signed a letter dated 20th February, 2018 on behalf of Reverend Okoh in which attempt was made to debunk the plaintiffs’ claims while they also urged them to desist from making such allegations.
The Plaintiffs grievances were in essence predetermined in the said letter.
But the Plaintiffs wrote another letter dated 26th February, 2018 to Reverend Nicholas Okoh reiterating their complaints against the election and also stating the various acts of financial impropriety committed by Reverend Adebola Ademowo in office including causing division and hatred among members, receipt of funds from the Diocesan Board for his personal use and the placing of his family members in strategic positions.
The Plaintiffs express their concern in the letter that Humphrey olumakaiye being the “godson” of Reverend Ademowo would cover up the said act committed by Reverend Ademowo while in office.
Reverend Okoh in his reply to the Plaintiffs letter stated that the Plaintiffs letter had been forwarded to Reverend Ademowo for his reaction.
In his reply to the Plaintiff’s claims, Reverend Ademowo admitted receipt of the sums of N200 million and N60 million for the construction of his personal residence and the purchase of a car respectively.
The Registrar of the Church of Nigeria wrote a letter to the Plaintiffs on behalf of Reverend Okoh in which he stated that the Plaintiffs complaints as regard the financial impropriety would be referred to the Diocesan Board of Lagos Diocese and that the Dean of the Church would constitute an independent committee to consider the allegations of pre-electoral malpractices against Reverends Ademowo and Olumokaiye.
But the Plaintiffs averred that Reverend Okoh is one of the appointors of the Dean of the Church of Nigeria, and a committee set up by him to investigate the manipulation of electoral process in which Reverend Okoh himself is implicated cannot be said to be independent or impartial.
The Plaintiffs averred further that the Diocesan Board of Lagos Diocese, to which the allegations of Ademowo’s financial impropriety were referred, was the body that released the sums admitted to have been received and therefore cannot possibly be relied upon to give an impartial decision on the complaints.
The Plaintiffs then contended that Reverend Okoh breached his fiduciary duty by failing to countenance the allegation of pre -electoral breaches and failing to prevent the conduct of the election, despite having been notified of the actions of Reverend Ademowo and Olumakaiye
The Plaintiffs also averred that Reverend Ademowo breached his fiduciary duties to the Plaintiffs and members of Lagos Diocese in influencing the outcome of the election to the office of Bishop of Lagos State, Diocese, and various acts of financial impropriety committed by him
Consequently, the claim of the Plaintiffs against the defendants jointly and severally are as follows:
A declaration that Reverend Adebola Ademowo’s receipt of the sums of N200million and N60million from the Diocesan Board of the Church of Nigeria Anglican Communion, Lagos Diocese for his personal use is in breach of his duties to the Plaintiffs as a trustee of the Lagos Diocese of the Church of Nigeria Anglican Communion, therefore should be compelled to immediately return the sums of N260million with interest at the rate of 22% per annum from 1st of March, 2018 Until full and final liquidation.
An order directing the conduct of fresh election for the position of Bishop of the Lagos Diocese.
However, in a notice of preliminary objection filed by four Senior Advocates of Nigeria, Bambo Adesanya, Babatunde Ajibade, Wale Olawoyin and Adeniyi Adegbomire, on behalf of Reverend Adebola Ademowo, they contended that the issues raised in the Plaintiffs action are not justifiable in court of law as they belong to the domestic terrain of the Church of Nigeria Anglican Communion as enshrined in the constitution and Canon of the Church of Nigeria and the Constitution of the Diocesan Synod of the Diocese of Lagos, Anglican communion.
They stated further that, even if the Federal High Court has the jurisdiction to entertain the action, the court could in this case, decline jurisdiction as the plaintiffs have not exhausted the remedies provided by the constitution of the Church of Nigeria and the Diocese of Lagos before filling the action.
They also argued that it is the High Court of Lagos State that has jurisdiction to entertain the action, more so the Plaintiffs have no legal right to institute this action.
They therefore urged the court to dismiss or strike out the suit for want of jurisdiction.
In another objection filed on behalf of The registered trustee of the Church of Nigeria (Anglican communion) Lagos Diocese, Barrister Olumide Sofowora SAN, contended that there was no meeting of the General Synod of the Church of Nigeria Anglican Communion or the Diocesan synod of Lagos Diocese where the Plaintiffs were given the authority to institute any suit on their behalf of the concerned members of the House of Laity of the Church of Nigeria in respect of all their allegations and claims in this suit.
Therefore, he urged the court to also strike out the suit.