A High Court in Jos on Wednesday dismissed a case against the Assemblies of God Nigeria and six other clerics for lack of merit. Justice Christine Dabup of the State High Court IV declared that the
Church is not a juristic person or individual to be sued as contained in
section 5 (91)(96) of the Allied Matters Act.
Reverends Yohanna Bot-Dalyop, Luka Daniel, Daniel Billy, John Vwashi,
Samuel Panchi and Samuel Chung-Pam of the Assembly of God Nigeria had
on May 22, 2017, sued seven other fellow clergies and the Plateau
Commissioner of Police.
The Plaintiffs accused the defendants of not allowing them (Plaintiffs) access to the Church in Jos.
The Clergies sued include Jocob Langs, Daniel Saje, Bulus Sambo,
James Gyang, Luka Dung, Dachung Delson and Dusu Alison as well as the
Plateau Commissioner of Police as 1st – 8th defendants.
The Plaintiff, through their Counsel Mr I.O. Onah, prayed the court
to interpret a Supreme court Judgement of February 24, 2017, which they
(Plaintiffs) claimed did not prevent them from being members of the
church or to hold any leadership position.
They (Plaintiffs) had asked the court to interpret Supreme Court
Judgement and issue an order to the defendants to allow them unhindered
access to the Jos District branches of the Church as agreed between the
Plaintiffs and the defendants, including the security agents.
The plaintiff who asked for cost of N5M as damages from the
defendants, prayed for an order against the defendants to tender an
apology to them (Plaintiffs) for their arrest, harassment, invitations,
prosecution and detention.
But the defendants through their counsels, Messers Lawrence Erewele
and Obi Ehiabhi, objected to the plaintiffs’ claims and declared that
the High Court lacked the jurisdiction to entertain the matter already
decided upon by the Supreme Court.
“For the plaintiffs, who have been ex-communicated and expelled from
the church to come back through the back door seeking the interpretation
of a Judgement of a Supreme Court is but an exercise in futility.
“My Lord, this court, as a lower Court, lacks the jurisdiction to
entertain this matter and so should be dismissed for lack of merit, ’’
Erewele argued.
Ehiabhi, in his own preliminary objection, described the suit as
incompetent for suing the leadership of the Assemblies of God Nigeria
and the church as an entity.
According to him, “looking at section 5 (91)(96) of the Allied
Matters Act, Assembly of God Nigeria as a Church can’t be suit because
it is not a Juristic person or individual; only the Board of Trustees
can be sued.’’
“I therefore pray this honourable court to strike out this case for lack of merit and competence, ’’ Ehiabhi said.
The Judge, in her ruling on the matter, upheld all the prayers in the
preliminary objections raised by counsels to the defendants and
dismissed and struck out the case for lack of merit.
“Having looked at the preliminary objections of the two counsels to
the defendants, I hereby uphold all the reliefs sought for, considering
section 5 (91)(96) of the Allied Matters Act.
“I, therefore, hold that the suit filed by the Plaintiffs failed, and
is hereby dismissed and struck out for lack of merit, ’’ Dabup
declared.
The judge awarded a cost of N30,000 in favour of the defendants.
Speaking to newsmen shortly after the ruling, Ehiabhi, described it as “brilliant’’ and “very sound.’’
“By this ruling, the sponsors of the crisis in the Assembly of God
Nigeria (North), in particular have been exposed and failed in their
quest to create a separate Northern Church of the Assemblies of the God
Nigeria,‘’ he stated.