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abujagirl
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A Federal High Court in Lagos on Thursday returned a case file in a suit filed by an elder of the Cherubim and Seraphim (C&S) Church against other members over leadership tussle.
The suit, which was originally slated for continuation of hearing, could not go on at the resumed date as Justice Ibrahim Buba informed parties that he was transferring the case file back to the court's registry for re-assignment.
No reason was however given for the transfer as the parties will now await details of the transfer.
A plaintiff, one Prince Adepoju Arogundade, had filed the suit in February 2009, seeking an order reinstating him as the rightful leader of the C & S Church in Nigeria.
The Registered Trustees of the C& S Church, and one Elder Adebola Adewuja were joined as first and second defendants.
The other defendants are two members of the church, Remi Beckley; and Mary Oshode, while the Corporate Affairs Commission (CAC) is also joined as the fifth defendant.
In his statement of claim, the plaintiff averred that the C & S Church was founded in 1925 by late Capt. Abiodun Emmanuel and registered in 1930.
He averred that the church had a constitution which clearly stipulated the mode of leadership succession.
"The constitution provides that after the death of a leader, the oldest in the church is to assume position as the next leader," he said.
According to the plaintiff, after the death of his father, he became the oldest member of the church as of right to be appointed leader.
Arogundade stated that rather than appointing him as the successor in line with the C & S constitution, one elder Adebola Adewuja was appointed in his stead.
He, therefore, wanted the court to declare the appointment a nullity, since it contravened the provisions of the church's constitution.
In addition, Arogundade was seeking an order re-instating him as the rightful leader of the Church.
He also wanted the court to restrain the defendants from further appointing a leader of the church, adding that the tenure of Adewuja had expired.
The plaintiff wanted further appointment stayed until the substantive matter had been decided by the court.
The suit, which was originally slated for continuation of hearing, could not go on at the resumed date as Justice Ibrahim Buba informed parties that he was transferring the case file back to the court's registry for re-assignment.
No reason was however given for the transfer as the parties will now await details of the transfer.
A plaintiff, one Prince Adepoju Arogundade, had filed the suit in February 2009, seeking an order reinstating him as the rightful leader of the C & S Church in Nigeria.
The Registered Trustees of the C& S Church, and one Elder Adebola Adewuja were joined as first and second defendants.
The other defendants are two members of the church, Remi Beckley; and Mary Oshode, while the Corporate Affairs Commission (CAC) is also joined as the fifth defendant.
In his statement of claim, the plaintiff averred that the C & S Church was founded in 1925 by late Capt. Abiodun Emmanuel and registered in 1930.
He averred that the church had a constitution which clearly stipulated the mode of leadership succession.
"The constitution provides that after the death of a leader, the oldest in the church is to assume position as the next leader," he said.
According to the plaintiff, after the death of his father, he became the oldest member of the church as of right to be appointed leader.
Arogundade stated that rather than appointing him as the successor in line with the C & S constitution, one elder Adebola Adewuja was appointed in his stead.
He, therefore, wanted the court to declare the appointment a nullity, since it contravened the provisions of the church's constitution.
In addition, Arogundade was seeking an order re-instating him as the rightful leader of the Church.
He also wanted the court to restrain the defendants from further appointing a leader of the church, adding that the tenure of Adewuja had expired.
The plaintiff wanted further appointment stayed until the substantive matter had been decided by the court.
