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Nigerian Court Decides In Favor of Break-Away Church

By Howard M. Friedman

Lagos, Nigeria's Sunday Vanguard reports today on a decision by the Federal High Court of Nigeria in a suit involving a break-away church-- Incorporated Trustees of United African Methodist Church (Eleja) Organization v. Incorporated Trustees of the United African Methodist Church (Evangelical), (No. FHC/L/CS/173/07). First the court upheld a ruling by the Corporate Affairs Commission that the break-away congregation could incorporate under the name United African Methodist Church (Evangelical). The Commission had found that its name was not identical or likely to confuse or deceive the public-- apparently a requirement of Nigeria's corporation law. The High Court held that it could not enjoin an organization from using a name which contains words in ordinary use. The court went on to hold that it lacked jurisdiction to adjudicate the Eleja church's claim that it is still entitled to occupancy of the break-away church's building. It held that under the Lands Use Act, a state high court is the appropriate forum to decide that issue.

Full post as published by Religion Clause on September 07, 2008 (boomark / email).