Hon. Justice Akintayo Aluko of the Federal High Court sitting in Lagos has dismissed a suit seeking the dissolution of the Incorporated Trustees of Live Seed Christian Church of God, holding that the petition lacked merit and credible evidence.
The suit, marked FHC/L/CP/1981/2022, was filed by Obiezughara Ejike Justin and Obiezughara Ndidi Sophie against the Incorporated Trustees of Live Seed Christian Church of God, as well as Ugboke Dominic Adanemem and Ugboke Bola Abigail, as first to third respondents respectively.
In the petition, the claimants, who are trustees of the church, urged the court to compel the second and third respondents to disclose the financial state of the church and render a detailed account of its income and expenditure from March 20, 2022, to the date of judgment.
They also sought an order directing the respondents to refund the sum of N4,607,350, allegedly advanced for the purchase of a property located at Ganiyu Adekunle Street, off Sholly Beauty Avenue, Pacific Estate, Akesan, Alimosho, Lagos State.
Additionally, the petitioners prayed the court to make orders relating to the distribution of the church’s assets in the event of its winding up or dissolution, in line with the provisions governing incorporated trustees under the Companies and Allied Matters Act (CAMA), 2020.
The petitioners alleged that they personally contributed substantial funds towards the acquisition of land and construction of the church building, but claimed that the second and third respondents had refused to render proper accounts, failed to hold statutory and general meetings, and engaged in oppressive, illegal and self-serving conduct.
They contended that the church’s aims and objectives had been abandoned, while their financial contributions remained unrecovered.
The respondents, through their counsel, Dr Yemi Omodele, filed counter-affidavits and attached exhibits to them.
They denied the allegation in its entirety, maintaining that the church had been managed in accordance with its constitution.
They insisted that all statutory and general meetings were duly held, and that the funds used for the acquisition of land and construction were derived from tithes, offerings and donations, not personal loans from the petitioners. They further accused the first petitioner of misappropriating church funds.
In his judgment, Justice Aluko noted that the allegations of mismanagement and financial impropriety were effectively denied and controverted by the respondents.
The court observed that the petitioners failed to rebut specific claims that the first petitioner withheld vital documents belonging to the church, including minutes of meetings.
The judge also relied on Exhibit C, a joint agreement executed by the first petitioner and the second respondent on June 15, 2013, which showed that funds for the church property were realised from tithes, offerings and donations from members and friends of the church.
Justice Aluko held that the petitioners failed to establish any credible evidence of mismanagement or oppressive conduct, or to satisfy the statutory grounds for dissolution of an incorporated trustee under Section 850(2)(a–e) of CAMA, 2020.
“The sole issue in this case is resolved in favour of the respondents,” the judge held, adding that the petition was “devoid of substance and lacks merit.”
The court accordingly dismissed the suit and awarded costs of N500,000 in favour of the respondents against the petitioners.
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