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By Correspondent in Abuja.
The Federal High Court in Abuja on Monday dismissed an application seeking to halt the execution of an earlier judgment delivered in favour of the United Methodist Church in Nigeria, reaffirming the church’s control over its name, assets and institutional structures nationwide.
Justice Obiora Egwuatu, in a ruling, held that the motion filed by members of the breakaway Global Methodist Church in Nigeria lacked merit and failed to establish the exceptional circumstances required for a stay of execution.
The judge stressed that a successful litigant is entitled to enjoy the fruits of a valid judgment pending appeal, adding that the court would not allow parties whose actions had already been declared unlawful to benefit from a stay order.
Justice Egwuatu also described as an abuse of court process the applicants’ attempt to seek leave to appeal after already filing an appeal.
The breakaway faction, through its counsel, Luka Haruna (SAN), had asked the court to restrain the enforcement of the March 30 judgment while its appeal was pending.
The applicants sought to preserve control over church properties, funds, accounts and other institutional assets spread across the country, arguing that failure to grant the request could trigger instability, administrative confusion and irreparable damage to the church.
Haruna contended that the appeal raised substantial constitutional and legal issues deserving consideration by the appellate court.
He further argued that the disputed assets included trust properties, church facilities and bank accounts nationwide, urging the court to maintain the status quo to prevent actions capable of prejudicing the appeal.
However, the counsel to the respondent, Chinedu Odura, opposed the application, insisting that the applicants failed to provide credible evidence showing that the church properties or assets were under threat.
Odura maintained that the appeal would not be rendered nugatory if the judgment was allowed to stand.
Delivering the ruling, Justice Egwuatu agreed with the respondent, holding that applications for stay of execution must be backed by convincing evidence of special circumstances and the likelihood of irreparable harm.
He ruled that speculative fears and generalized allegations could not justify the grant of such relief.
According to the court, the respondents were lawfully entitled to enjoy the benefits of the judgment already secured and the applicants had failed to show that enforcing the judgment would destroy the substance of the appeal.
The judge also underscored the need to preserve legal order and institutional stability, while noting that the issues raised by the applicants could still be addressed by the appellate court.
Following the ruling, the Presiding Bishop of the United Methodist Church in Nigeria, Ande Emmanuel, expressed confidence in the judiciary and described the court as an institution committed to justice and fairness.
Bishop Emmanuel urged members of the church to remain calm and peaceful despite the favourable judgment, saying the church remained committed to lawful and peaceful resolution of the dispute.
He added that the church was prepared to reclaim all properties and institutional assets occupied by the breakaway faction in accordance with the law, while also extending an olive branch for reconciliation.
The Bishop called on members of the breakaway group to return to the church to continue promoting the gospel in unity and peace.
Justice Egwuatu had earlier, on March 30, affirmed the United Methodist Church in Nigeria as the legally recognised name registered with the Corporate Affairs Commission.
The court directed the commission to reverse the church’s name from GMCN to UMCN and nullified the October 19, 2024 changes made to the trustees’ incorporated certificate, declaring them unlawful, invalid and void.
The judge also ordered Zenith Bank Plc to grant members of the UMCN immediate access and control over all church accounts domiciled with the bank.
The suit, marked FHC/ABJ/CS/1891/2024, was filed by Benjamin Simon, Rev. Dr Eunice Iliya, Bishop Emmanuel Ande and Rev. Eli Yaku against the Corporate Affairs Commission, the Incorporated Trustees of GMCN and Zenith Bank Plc.
The dispute stemmed from the approval granted by the CAC for a change of the church’s name allegedly initiated by the breakaway faction, a move the UMCN challenged as a violation of due process and the church’s internal governance structure.
Edited by Dada Ahmed.
Edited by Dada Ahmed.
