Tuesday upheld the suspension and
subsequent dismissal of former General
Superintendent of Assemblies of God
Church, Rev. Paul Emeka.
The court also set aside a ruling by an
Enugu High Court for the reinstatement of
Emeka.
It said the lower court "lacked jurisdiction
to entertain the matter under Section 46 of
the 1999 Constitution," dismissing Emeka's
suit brought under enforcement of
fundamental human right as
"inappropriate."
The Appeal Court further set aside the
award of N30 million as damages by the
High Court against the Assemblies of God
Church, declaring it a nullity.
Ruling in the suit CA/E/10/2015, Justice
Akomaye Adim, who read the unanimous
decision of the three judges, said the crisis
in the church was due to the former
General Superintendent's refusal to carry
along other members of the Executive
Council (EC).
The judge noted that Emeka was hostile to
other members of the EC because they
contended with his personal views.
This, he said, was "a display of autocracy
which is against the Majority Rule Principle."
On the contention about chairmanship of
the General Committee where Emeka's
suspension and dismissal were affirmed,
the court said members of the committee
had the right to choose any of them to
preside over the meeting.
It ruled that there was no evidence that
Emeka's predecessor, Dr. Charles Osueke,
usurped his power by presiding over the
meeting after election by members of the
general committee.
The post of General Superintendent, the
court further declared, was not the
exclusive property of Emeka but that of the
members of church.
It said members of the church have the
right to withdraw the mandate given to
anyone to act as General Superintendent at
any given time.
Declaring that the General Committee had
the legal right to remove the GS, the court
further ruled that the absence of Emeka
from the March 6, 2014 meeting "excludes
him from claiming that his right to fair
hearing was infringed upon."
The judges also granted the request
barring Emeka from seeking further relief
from any court, saying this was in tandem
with the constitution of the church.
Speaking with reporters after the judgment,
the church's lead counsel, Chief Donald
Denwigwe (SAN), thanked the court its
positions, which he said would restore
peace to the church.
Attempts to get the reactions of Emeka
were unsuccessful as he did not pick calls
to his mobile lines.
Emeka was suspended by the church
following the crisis that engulfed the
church.
Property worth millions of naira were
destroyed in the course of the crisis that
most times resulted to free for all among
the church members.
No fewer than three cars were burnt at the
National Secretariat in Enugu in November
2014 during one of the fracas by the
various factions.
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