Court voids CAC's alteration of United Methodist Church's name
A Federal High Court in Abuja has voided attempt by the Corporate Affairs Commission (CAC) to alter the name of the United Methodist Church in Nigeria (UMCN). Justice Obiora Egwuatu,
A Federal High Court in Abuja has voided attempt by the Corporate Affairs Commission (CAC) to alter the name of the United Methodist Church in Nigeria (UMCN).
Justice Obiora Egwuatu, in a judgment, ordered the CAC to immediately reverse the church’s name from Global Methodist Church in Nigeria (GMCN) to its original name of United Methodist Church in Nigeria (UMCN).
Justice Egwuatu equally ordered the commission to reverse the change ‘of the names of the trustees of the church made to the incorporated certificate of the church on Oct. 19, 2024, for being unlawful, invalid, null and void.
The judge also ordered the Zenith Bank Plc (listed as the third defendant in the suit) to grant members of UMCN immediate access to and control of all the church's accounts opened and domiciled with the bank.
The judgment, delivered on Monday, was on suit, marked: FHC/ABJ/CS/ 1891/2024 filed by four members of UMCN, who had sued for themselves and on behalf of other members of the church.
They are Benjamin Simon, Reverend Eunice Iliya, Bishop Emmanuel Ande and Rev. Eli Yaku.
Listed as defendants are the CAC, Incorporated Trustees of Global Methodist Church in Nigeria and Zenith Bank Plc.
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In the judgment, Justice Egwuatu declared that the alteration of the church’s name to GMCN was unlawful and inconsistent with established legal and procedural requirements.
He held that the CAC failed to comply with the provisions of the Companies and Allied Matters Act (CAMA), particularly regarding the proper procedure for altering names and trustees of an incorporated body.
The judge equally held that it is trite that members of an association, such as a church, must be bound by its constitution and that the court cannot interfere in the affairs.
Justice Egwuatu said when one has voluntarily accepted to be a member of an association, he or she must be ready to abide by its rules and regulations.
He added: "A member of an association can associate or disassociate from an association and not leaving the association by changing the name of the association."
In an earlier ruling, Justice Egwuatu dismissed a motion filed by the CAC with which it had sought to prevent the delivery of the judgment.
The judge upheld the argument by the plaintiffs' lawyer, Chinedu Udora that at that stage of the case, the CAC could no longer file a further and better affidavit to an application that had already been heard and a date fixed for judgment.
The judge described the CAC's action as "an abuse of court process."
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The dispute arose following the decision by the CAC to approve a name change for the church allegedly initiated by a breakaway faction, identified as the GMCN.
The UMCN challenged the action, arguing that due process was not followed and that the anendnent violated both statutory provisions and the church’s internal governance structure.
Reacting, the Presiding Bishop of the United Methodist Church in Nigeria, Cameroon and Senegal, Emmanuel Ande, described the judgment as a victory for the rule of law and due process.
He, however, said that the judgment did not call for celebration, but an opportunity for reconciliation among members.
"This is not a judgment to celebrate. From the beginning, the church is not supposed to be in court," he said.
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Ande, who extended an olive branch to the breakaway members, said "Jesus Christ has taught us the ministry of reconciliation.
"Therefore, we are not really happy because this is one church. We are Christians, we need to build a united church.
"I want to throw this invitation to my brothers and sisters of Global Methodist Church, that the United Methodist Church is always their home.
"This church will always be ready to accept them if they want to come back.
"But if they choose to continue to form their new denomination, I will advise them to do it respectfully in accordance to the laws of this land," he said.
