I do not Know who erroneously advised Pastor Davis to write the Petition to Cooperate Affairs Commission (CAC) for Immediate suspension of Apostle Johnson Suleiman , as a Trustee of Omega Fire Ministries Church ,Maybe he is not well abreasted with the Contextual Meaning of Section 839 of CAMA 2020, which he premised is Petition on or he is Just engaging in Media theatrics and Charade? .
A dispassionate and Painstaking Assessment of the Petition , will reveal to a Sharp legal Mind ,that the Petition is legally faulty when litmus tested with the principle of law ,as such the Petition can be described as a REFUSE PAPER.
My Reasons are Simply draw from the Ordinary or literally Interpretation of Section 839 Of CAMA 2020 : the section Connotes :
(1). That a Party wanting the Removal of Trustee of an Incorporate Organization (church inclusive) must present veritable Evidence of Financial recklessness and Profligacy so as to Convinced CAC (Cooperate Affairs Commission ) to Make Application to the Court for the Suspension of a Trustee.
Question : Are there allegations of Financial misappropriation of Funds ? To my Knowledge, the matter between Pastor Davis and Apostle Suleiman is the Case of unlawfully interference in Marriage. So the petition Fail on this Ground 2.
(2) Another Condition Precedent for Such Party to succeed with his Petition, is that the Party must have a Sufficient interest in Subject Matter or he must have being a TRUSTEE of that Incorporated organization ( Inclusive of Church) .
Question : is Pastor Davis a Member of Apostle Suleiman Church ?,the Answer is No , he had publicly Renounced his Membership of the Church. So Pastor Davis is legally termed as a BUSY BODY
(3) Using the legal Maxim ‘’lex Fortori ‘’ which means by a Much Stronger Reason , Section 839(2) made it Emphatically and Categorically clear that for a Petition to Be Initiated for the Removal of Trustee ,Not less than One-fifth of the Members of that Incorporated Trustee (inclusive of Church) must initiated and bring the Petition.
Question : how many persons are bringing the petition for the Removal of Apostle Johnson as a Trustees of Omega fire Ministry? I know is Only Pastor Davies bringing the Petition for the Suspension of Apostle Suleiman as a Trustees of the church, the law Establishing Incorporated Organization forbids one party from bringing a petition to Suspend Trustee or General Overseer of Church.
The above Reasons Restrain us to say that the petition written by Pastor DAVIS is Void ab nitio and thus Incompetent to be given legal effect and Consideration.
I have always Maintained that a person Who in his thinking believed that another Party had Lured and enticed his Spouse with Properties or Otherwise has a Right of action to Sue the Tortfeasor for the ‘’TORT OF ENTICEMENT ‘’ and claim demages .
More so,the Existence of State of things and Fact ,makes it believable that a party who has procured apartment or established institutions for Another person Spouse, with the full Knowledge of forcing the Spouse to leave herhis matrimonial home Can be Sued for Tort of ENTICEMENT by the injured party.
About the Author
Ehidiamen Destiny is a legal practitioner and writes from Abuja. Uromi -Abuja based lawyer