Removal of CAC trustee by executive council is legal —Court

JUSTICE Joyce Abdulmalik of the Federal High Court sitting at Ring road in Ibadan, has ruled that the General Executive Council of the Christ Apostolic Church (CAC) has the powers to remove a trustee when accused of flouting the laid down rules as provided by the constitution of the church which it submitted to the Corporate Affairs Commission during registration of Incorporated Trustees.

The court also held that the removal of Pastor John Dada Obafemi as a trustee of the church General Executive Council on October 12, 2015 which was announced in Saturday Tribune and the Nation Newspapers is legal and valid.

Justice Abdulmalik further held that the financial report of the year 2015/2016 which was approved by the General Council of the Christ Apostolic Church is proper and cannot amount to a nullity.

The judge gave the ruling while passing judgment in a suit delineated FHC/IB/CS/31/2017 which was based on an Originating Summons filed by Pastor John Dada Obafemi on Sections 599 and 607 of the Companies and Allied Matters Act (CAMA).

Pastor Obafemi added as co-plaintiff the Incorporated Trustees of Christ Apostolic Church and listed as defendants to the suit Pastor Abraham Akinosun, current President of the church, Pastor Emmanuel Ezekiel Mapur, the current General Secretary of the church and Pastor Johnson Foluso Omitinde, the Finance Director.

The trio were sued for themselves and other members of the General Executive Council of Christ Apostolic Church) via an originating summons brought pursuant to: (1) Sections 599 and 607 of the Companies and Allied Matters Act, Cap C20, LFN, 2004. (2) Order 3 Rule 7 of the Federal High Court (Civil Procedure) Rules, 2009 under the inherent jurisdiction of the Court.

He asked the court to determine whether his purported removal as a trustee of the CAC by the defendants and other members of the General Executive Council of the Church on October 12, 2015 as published on Page 43, of Saturday Tribune of October 17, 2015 and The Nation of October 19, 2015 without compliance with provisions of Section 599 of CAMA 2004 is proper and valid in law and whether the Financial reports of the church for the years 2012-2015 purportedly approved by the defendants without his  participation as a trustee of the church as required by Section 607 of the Companies and Allied Matters Act, Cap C20, 2004, is proper and valid in law.

He asked the church for a declaration that his removal as a trustee of the church by the defendants and other members of the General Executive Council and the General Council of the second plaintiff on October 12, 2015 without compliance with provisions of Section 599 of CAMA 2004 is improper and a nullity in law and that he remains a trustee of the church and is entitled to all the privileges and rights of his office as a trustee until properly removed by full compliance with Section 599 of the Companies and Allied Matters Act.

He further asked for a declaration that the financial reports for the years 2012—2015 purportedly approved by the defendants and other members of the General Executive Council of the church are invalid and improper in law and amounts to a nullity for failing to comply with section 607 of CAMA as well as an order of perpetual injunction restraining the defendants and other members of the GEC and the General Council of the church from preventing, hindering, obstructing, intimidating or otherwise taking any step in enforcing his purported removal as a trustee of the church.

The court in its ruling turned down the Objection to originating summons raised by the defendants on the ground that it was not supported by an affidavit as indicated by the law and is therefore not valid but considered the preliminary issues raised in their defence.

The court held that pastor Obafemi was properly removed as trustee of the church by the General Executive Council as the constitution of the church does not require the officers of the church to report financial matters to the Corporate Affairs Commission or seek participation of trustee/s.

The court dismissed the suit and upheld the preliminary objections of the defendants while instructing that parties should bear their costs.