REV. DAVID WINDIBIZIRI REV. JOHN BASIL MR. DICK MBODWAM V. HASLEY NJILA JOSEPH ELI G. S. HUNATUFE

NZEAKO, JCA (Delivering the Lead Judgment): This is an appeal from the judgment of Oyetunde, J., sitting at the High Court of Justice, Jos, Plateau State, delivered on 15th March, 1999. The plaintiffs in the action, are the respondents in this appeal. They described themselves in their pleadings and evidence in court as members of Majam’ar Alimasihu, Lutheran Church of Christ in Nigeria, Tafawa Balewa Street, Jos.

The Church is a branch of the Lutheran Church of Christ in Nigeria whose Bishop the 1st defendant/appellant was for 10 years in the course of which the events, which gave rise to the action of the plaintiffs at the High Court commenced. The amendment to the Constitution of the Lutheran Church of Christ A in Nigeria, appointment of the 1st defendant as the Archbishop of the Lutheran Church of Christ in Nigeria and actions of the church and the defendants in their capacities under the amended Constitution, triggered off the suit. Pleadings were filed and exchanged by parties.…