The Federal High Court in Lagos has delivered a significant judgment dismissing a petition that sought the dissolution of the Incorporated Trustees of Live Seed Christian Church of God. Justice Akintayo Aluko presided over the case, ruling that the petitioners failed to present credible evidence to justify winding up the church.
Court Dismisses Petition with Costs Awarded
In a judgment delivered on January 5, 2026, Justice Akintayo Aluko dismissed Suit No: FHC/L/CP/1981/2022, which had been filed by trustees Obiezughara Justin and Obiezughara Sophie through their lawyer, Chioma Anumba. The court not only dismissed the petition but also awarded N500,000 in costs against the petitioners, reinforcing the principle that disputes within religious organizations must be supported by solid proof before dissolution can be considered.
Petitioners' Allegations of Mismanagement
The petitioners had brought the case against the Incorporated Trustees of Live Seed Christian Church of God, Ugboke Adanemem and Ugboke Abigail, who were listed as first to third respondents. They asked the court to dissolve the church based on several allegations, including mismanagement, oppressive conduct by co-trustees, and refusal to hold statutory and general meetings.
Additionally, the petitioners urged the court to compel the 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. The claimants further stated that they had contributed personal funds to acquire land and construct the church building, seeking the refund of N4,607,350 which the first petitioner claimed he advanced for the purchase of church property on Ganiyu Adekunle Street, Pacific Estate, Akesan, Lagos.
Respondents' Defense and Counter-Allegations
In their counter-affidavit, the respondents, represented by counsel Dr Yemi Omodele, denied all allegations of mismanagement. They argued that statutory and general meetings were duly held and that funds used for land acquisition came from church donations, tithes, and offerings, not loans from the petitioners.
The respondents also accused the first petitioner of withholding vital church documents, including CAC registration papers, title deeds, minutes of meetings, receipts, account books, and attendance registers. They maintained that the petitioners had no constitutional authority to dissolve the church, describing the petition as frivolous, self-contradictory, and an abuse of court process.
Judge's Legal Analysis and Findings
After thoroughly reviewing the evidence presented, Justice Aluko noted that the petitioners failed to establish any grounds for dissolution under Section 850(2) of the Companies and Allied Matters Act 2020. This section provides that a corporate body may only be dissolved if its objectives have been fulfilled, it exists for a specified period that has expired, it has become illegal, or it is just and equitable to dissolve it.
"All the allegations made by the petitioners were effectively denied and controverted by the respondents," Justice Aluko held in his judgment.
The judge 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 realized from tithes, offerings, and donations from members and friends of the church. He added, "The petitioners failed to controvert the specific allegations that the petitioner kept away certain documents belonging to the first respondent, which include minutes of meetings of the first respondent."
Final Ruling and Implications
Justice Aluko concluded that "The sole issue in this case is resolved in favour of the respondents," describing the petition as "devoid of substance and lacks merit." He further stated, "The petitioners have failed to place credible evidence before the Court to warrant dissolving the 1st respondent."
The court's decision reinforces important legal principles regarding the dissolution of religious organizations in Nigeria. It establishes that mere allegations without substantial evidence are insufficient to warrant the winding up of a church, and that internal disputes within religious bodies must meet specific legal criteria before dissolution can be considered.
This judgment serves as a significant precedent for similar cases involving religious organizations in Nigeria, emphasizing the need for credible evidence and proper legal grounds before courts will consider dissolution petitions. The award of costs against the petitioners further underscores the court's position on the matter.
