Court Upholds Suspension of Paul Emeka from Assemblies of God Church
The leadership crisis rocking the Assemblies of God Church was yesterday resolved by the Supreme Court in favour of the Acting General Superintendent of the Church, Rev. Chidi Okoroafor and the church.
The apex court dismissed the appeal filed by the ex-General Superintendent and pastor of the church, Paul Emeka on the ground that his case lacked merit and substance.
In the lead judgment delivered by Justice Kudirat Kekere-Ekun, the court held that it was wrong of Pastor Emeka to have instituted an action on the enforcement of his fundamental human right to association in a matter involving the church as a non-governmental organization.
Justice Kekere-Ekun said that the provisions of fundamental human right as enshrined in section 36 of the 1999 constitution did not cover a pastor sacked and expelled by a church.
“Being a pastor, General Superintendent and member of a church is not a fundamental right as envisaged in the 1999 constitution. The remedy for the removal of the appellant as a pastor, General Superintendent and a member of the respondent does not fall within section 36 because the right to be a pastor is not a constitutional one,” she held.
Besides, the apex court in the unanimous judgment agreed that the appellant failed to serve the originating summons on the respondents as required by law.
Specifically, the Supreme Court held that it was wrong of the appellant to have at the trial level, served his originating summons at No. 5, Mbalano Street Enugu, in Enugu State when the order of the Enugu High court was so specific and categorical that the court process must be served on Evangel House of the Church in Enugu.
The apex court held that the case of wrongful service of originating summons was made clear in an affidavit deposed to by a court bailiff in Enugu that he served the originating summons on one Shadrack Lawrence through one Richard Ake when the Enugu High Court ordered that the summons must be taken to the Evangel House of the Church.
The court said that in the eyes of the law, the originating summons was not served on the appropriate party as required by law, hence the respondents could not be held liable since the issue of service was a fundamental one in law.
The apex court therefore dismissed the appeal for lacking in merit.
The appellant had sued the General Council of the Assembly of God Church seeking enforcement of his fundamental right to membership of the church.
The church has been embroiled in leadership crisis for more than two years, resulting in the emergence of two factional leaders and multiple court actions.
The crisis started immediately after the General Council of the church had on March 6, 2014, suspended Rev. Paul Emeka for violating several sections of the Constitution and Bye Laws of the Church, especially Article 12, which deals with taking or using any other person to drag the church to court for any reason. Aformer Peoples Democratic Party governorship aspirant in Ekiti State, Prof. Adesegun Ojo said for its party to return to power in 2019, it must embrace unity while the leadership of the mega party should meet and find a common and lasting solution to the crisis rocking the party.
Ojo was reacting to the recent decision of the appeal court that upheld former Governor Modu Sheriff as PDP Chairman. To him, seeking legal remedy at the Supreme court to address the current situation as suggested by the leadership was justifiable but not the most logical and pragmatic approach to the problem at hand.
“There is a legal solution and pragmatic solution. The legal path is the Supreme Court but that is a 50-50 chance of the situation being reversed. There is no advantage in that path. If it is 70-30 or 80-20 chance, one might say let us give it a try. But time is of the essence. The political calendar is non-stop and in as much as these fractious political situations continue, the Party is dying a thousand death and the chances of winning any election is becoming less and less a possibility.