Today, on the 18th of January 2024, the Appellate Court in Ibadan gathered to continue the proceedings of an appeal filed by the registered Board of Trustees (BOT) challenging the Pastorship of Rev EMF Oshoffa which was declared as illegal at the State High Court, Ilaro, Ogun State.
During the legal process at the Appellate Court in Ibadan, the Judge called for the identification of each lawyer and their respective clients. The legal counsel representing the Pastor promptly identified his claim, while the legal counsel for the registered BOT presented his evidence. However, to everyone’s surprise, another lawyer stood up, claiming to be the legal counsel for the registered BOT.
This legal misinterpretation prompted the Judge to request documentation to support this claim. The rightful lawyer for the registered BOT then presented copies of the CAC registration and other relevant documents, while the lawyer who had falsely claimed representation for the registered BOT failed to provide any evidence to justify his legal standing.
Following this, the personal lawyer of the Pastor addressed the Judge acknowledging that the Church was currently experiencing internal conflicts. However, he assured the court that the Church would employ a diplomatic approach to address these issues. He then requested the Judge to grant a specific time duration for the settlement process.
It’s in general consumption that after the State High Court in Ilaro, Ogun State under the jurisdiction of Justice Asenuge .J declared Rev EMF Oshoffa illegal and unconstitutional to parade himself as the Pastor of the Church on the 26th March 2015. The Registered Board of Trustees (BOT) managed to secure a stay of execution through a judgment delivered by Justice Olugbemi on the 17th May 2016 at the same State High Court in Ilaro, Ogun State.
It was the Registered BOT that took the initiative to approach the Appellate Court in Ibadan to overturn the decision of the lower court, thanks to the stay of execution that allowed Pastor Rev EMF Oshoffa to continue functioning as a pastor. Currently, the Registered BOT has decided to appear at the Appellate Court as the true plaintiff of the filed suit. The legal questions that will be presented to the judge include:
1. Can a lawyer represent a Board of Trustees with the consent of the Board?
2. Can a lawyer claim to represent a Board of Trustees without having the authorization of the copy of Corporate Affairs Commission Registration of the Board?
These and other pertinent questions will be addressed during the next court session, as the judge has adjourned the case until 27th of May, 2024.
In a similar vein, the Federal High Court has recently transferred Justice Peter Lifu from Lagos Division to the Abuja Division of the court. This move comes as a result of the elevation of Justice A.R. Mohammed to the Court of Appeal, leaving a vacant space that Justice Lifu will now occupy.
It is worth noting that Justice Lifu is currently presiding over a case filed at the Federal High Court in Ikoyi, Lagos. This case challenges the dissolution of the Registered Board of Trustees (BOT) of the church. The judge had previously adjourned the proceedings until the 31th of January 2024 to hear an application filed by the pastor’s lawyer, as well as to continue with the Originating Summons (OS).
As the legal interpretation of this case continues, we eagerly await the decision of Chief Judge of the Federal High Court, Justice John Terhemba Tsoho regarding the appointment of another substantive judge to oversee the proceedings at the case.
