The Corporate Affairs Commission (CAC) has been asked to halt the steps it was taking to suspend or appoint trustees of the Christian Association of Nigeria, CAN and the churches. The order was given by Justice Inyang Ekwo of the Federal High Court, Abuja, on Tuesday, March 21, 2023. In his judgment, Ekwo, said the provisions of Sections 17 (1), 839 (1) and (7) (a), 842 (1) and (2), 851 and 854 of the Companies and Allied Matters Act (CAMA), 2020 and Regulations 28, 29 and 30 of the Companies Regulations (CR), 2021 were not applicable to religious bodies. Citing a previous case, the judge said “a church in its true definition is the body of Christ. One person cannot constitute the body of Christ; it connotes a congregation, an assembly of people. An individual cannot own a church. A church property must be the collective responsibility of all the members.” He said the summary of the above was that “the church is an ecclesiastical being.” He noted that each church is characterised by its distinct dogma or creed and same for each congregation and denomination that constitute the church.
He said that it is on this ground that it is impossible for one church to be administered by another church, and the church being what it is for the soul of man, the doctrinal distinctness and difference must be respected by the authorities within and without. He further submitted: “This being so, it is then impracticable for the church or a denomination thereof to be administered by secular arrangement such as interim manager or managers stated in Section 839 of the CAMA 2020 or any other arrangement put in place by the CAMA, which does not take into account the doctrinal composition of the church. “It is also my opinion that to suspend the trustees and appoint an interim manager or managers to manage the affairs of the church will conflict with the sacerdotal order of its divine administration and desecrate same.”
Justice Ekwo, who observed that the Minister of Trade (2nd defendant) neither filed any application nor represented in court despite being served by the plaintiff, held that the effect of the failure of a defendant to file pleadings is that the assertions of the claimant stands unchallenged and are deemed admitted and established. According to him, therefore, the case of the plaintiff succeeds on the merit. The judge, consequently, made seven declarations, which include a declaration that Section 839 (1), (7) (a) and (10) of the CAMA 2020 and Regulations 28, 29 and 30 of the CR, 2021 are not applicable to religious organisation as CAN and the churches, as they violated the right to worship guaranteed by Section 40 of the 1999 Constitution as amended. The Registered Trustees of CAN, in the originating summons marked: FHC/ABJ/ CS/84/2022 filed by Joe Gadzama, SAN, had sued the CAC and the Minister of Industry, Trade and Investment as first and second defendants, respectively.
