Lagos Anglican Communion: Court Strikes Out Suit Against Bishop’s Election

A Federal high court sitting in Ikoyi, Lagos, south west
Nigeria, has struck out a suit filed by 10 prominent members of the
Church of Nigeria, Anglican Communion, Lagos, challenging the
election held by the church to select the new Bishop of the
Diocese.

The presiding judge, Justice Mojisola Olatoregun, while ruling
on the notice of preliminary objection filed by the defendants in
the case, held that Federal high court has no jurisdiction to
adjudicate over the case. She ruled that a close look at the claim
of the plaintiffs does not relate to causes and matters arising
from the operations of the companies and Allied Matters Act or any
other enactment under same so much so that the Federal high court
will have exclusive jurisdiction or otherwise.

The issues raised in the claims of the plaintiffs are domestic
in nature. The issues can be compartmentalised as internal
discontent and wrangling. It has nothing to do with the regulations
and operations of the registered body. Consequently, Justice
Olatoregun said the only thing left to do is to make an order
striking out this suit or transferring same to the state high court
if parties requested. Since there was no application for transfer,,
same is struck out

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 following parties are
the defendants in the suit: 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, sworn to by Chief Dr Oluyomi Finnih and jointly filed
before a Federal high court in Lagos South West Nigeria 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 was about to expire, the trustee of the Church commenced
steps towards the election of a new Bishop, Reverend Humphrey
Olumakaiye and Reverend 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, a Primate of the Church and other
Bishops who were required to vote.

These steps included 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 Nicholas Okoh.

Asiwaju Bola Osibo and Chief Layi Ajayi -Bembe and one Mrs
Bamidele Onafeko, another prominent financial member of the Church
wrote a letter dated 4 April,2018 to Reverend Nicholas Okoh to
complain about these breaches of the constitution of the Church.
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,
February2018.

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
of the Church,the Church of Nigeria and the registrar jointly
signed a letter dated 20 February, 2018, written on behalf of
Reverend Okoh in which attempt was made to debunk the Plaintiffs’
claims and urged the Plaintiffs to desist from making such
allegations. The Plaintiffs’ grievances were in essence
predetermined in the said letter.

Due to the fact that the Plaintiffs’ complaints were not
addressed in their letter,the Plaintiffs wrote another letter dated
26 February, 2018 to Reverend Nicholas Okoh reiterating their
complaints 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.

Reverend Ademowo’s reaction to the Plaintiffs’ claims was
contained in his letter to Reverend Okoh, he admitted receipt of
the sums of N200million and N60million 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.

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 by Reverend Ademowo and therefore
cannot possibly be relied upon to give an impartial decision on the
Plaintiffs complaints.The Plaintiffs then contended that Reverend
Okoh breached his fiduciary duty by failing to countenance the
allegation of pre -electoral breaches made by the Plaintiffs, and
failing to prevent the conduct of the election, despite having been
notify 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
jurisdiction to entertain the Plaintiffs’ action, the court would
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 this action. In
addition, 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. Therefore they urged the court to dismiss
or strike out this suit for want of jurisdiction.

In another objection filed on behalf of the registered trustee
of the Church of Nigeria (Anglican communion)Lagos Diocese by a
Lagos lawyer, Barrister Olumide Sofowora SAN, the Church 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 or 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 they, urged the court to also strike
out the case.