The Federal High Court in Abuja on Monday affirmed the United Methodist Church in Nigeria (UMCN) as validly registered by the Corporate Affairs Commission (CAC), describing an alteration to the name pushed by some factional members as illegal.
Judge Obiora Egwuatu In a judgement directed the CAC to immediately reverse the church’s name from Global Methodist Church in Nigeria (GMCN) to UMCN.
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He also ordered the commission to reverse the change of the names of the church’s trustees made to the certificate of incorporation on 19 October 2024, describing the action as unlawful, invalid, null and void.
The judge further ordered Zenith Bank Plc, the third defendant in the suit, to grant members of UMCN immediate access and control of all church accounts domiciled with the bank.
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Judge Egwuatu held that the alteration of the church’s name to GMCN was unlawful and inconsistent with established legal and procedural requirements.
He said the CAC failed to comply with the Companies and Allied Matters Act (CAMA), particularly on the proper procedure for altering names and trustees of an incorporated body.
He further held that members of an association, such as a church, must abide by its constitution and that the court cannot interfere in its affairs. According to him, anyone who voluntarily joins an association must comply with its rules and regulations.
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“A member of an association can associate or disassociate from an association and not leave the association by changing the name of the association,” he said, citing a judicial precedent.
The suit was instituted by four members of UMCN, who sued for themselves and on behalf of other members. They are Benjamin Simon, Eunice Iliya, a reverend; Emmanuel Ande, a bishop; and Eli Yaku, another reverend.
They named CAC, the Incorporated Trustees of Global Methodist Church in Nigeria and Zenith Bank Plc as the first to the third defendants.
The dispute arose from a leadership split within the church, after a breakaway faction moved to change the church’s registered name with CAC to Global Methodist Church in Nigeria (GMCN).
However, UMCN challenged the action, arguing that due process was not followed and that the amendment violated statutory provisions and the church’s internal governance structure.
Through their lawyer, Chinedu Udora, the plaintiffs presented 23 prayers and four questions for determination. They asked the court to decide whether, under the supremacy clause and Articles 1, 4, 6 and 12 of the UMCN constitution of 14 July 2014, the application for the name change was valid.
Delivering the judgement, Judge Egwuatu granted all the prayers sought by the plaintiffs. However, he made no order as to the cost.
Judge Egwuatu also dismissed a motion filed by CAC seeking to halt its delivery. He agreed with the plaintiffs’ lawyer that the court had become functus officio and could not allow a further affidavit after the matter had been concluded and adjourned for judgment.
The judge described CAC’s action as “an abuse of the court process.”
Reacting to the judgement, Presiding Bishop of the United Methodist Church in Nigeria, Cameroon and Senegal, Emmanuel Ande, a bishop, described it as a victory for the rule of law and due process.
He, however, said the decision did not call for celebration . He said it offered an opportunity for reconciliation among members.
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“This is not a judgement to celebrate. From the beginning, the church is not supposed to be in court,” he said.
Mr Ande appealed to the breakaway members to return, stressing the need for reconciliation.
“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 with the laws of this land,” he said.
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