The Federal High Court in Abuja has dismissed an application seeking a stay of execution of an earlier judgment delivered in favour of the United Methodist Church in Nigeria (UMCN).
Justice Obiora Egwuatu, in a ruling on Monday, held that the motion on notice lacked merit.
Justice Egwuatu reaffirmed the principle that a successful party is entitled to enjoy the benefits of a valid court judgment pending appeal.
The judge held that the court would not allow the applicants, who are members of the breakaway Global Methodist Church in Nigeria (GMCN), to enjoy the stay when their act had been declared unlawful.
He said seeking a leave to appeal an appeal already filed is an abuse of court process.
The applicant; the GMCN, had filed the motion through their lawyer, Luka Haruna, SAN.
They had sought an order restraining the enforcement of the March 30 judgment delivered by Justice Egwuatu, and preserving control over church properties, funds, accounts and institutional assets across the country while the appeal is pending.
Haruna had argued that failure to grant the motion could expose the church to instability, administrative confusion, and possible irreparable damage.
He maintained that the appeal raised substantial legal and constitutional issues deserving consideration by the appellate court.
He further contended that the disputed assets included trust properties, bank accounts and church facilities spread nationwide, stressing that the court should preserve the status quo to prevent actions that could prejudice the appeal.
However, Chinedu Odura, who appeared for the respondent (UMCN), opposed the motion.
Odura argued that the applicants failed to establish the exceptional circumstances required for the grant of a stay of execution.
The lawyer maintained that there was no credible evidence showing that church assets or properties were under threat or that the appeal would be rendered nugatory if the judgment was enforced.
In his ruling, Justice Egwuatu agreed with the arguments of the respondent.
The judge held that applications for stay of execution must be supported by convincing evidence demonstrating special circumstances and a real likelihood of irreparable harm.
The judge said that speculative fears and generaliaed allegations were insufficient grounds for granting such relief.
He held that the respondents were lawfully entitled to enjoy the fruits of the judgment already delivered and that the applicant had not demonstrated that execution of the judgment would destroy the subject matter of the appeal.
He also emphasised the importance of maintaining legal order and institutional stability while recognising that the issues raised by the applicant could still be addressed by the appellate court in due course.
Consequently, Justice Egwuatu dismissed the motion seeking a stay of execution.
Reacting to the ruling, the Presiding Bishop of UMCN, Ande Emmanuel, expressed confidence in the will of God and the rule of law.
He described the court as an upholder of justice and fairness.
Bishop Emmanuel called on members of the church to remain calm and peaceful in the aftermath of the ruling, despite the judgment being in favour of the church.
He stated that the church remains committed to lawful and peaceful processes in handling issues relating to the dispute.
The bishop further stressed that UMCN is prepared to reclaim all properties and institutional assets occupied by the breakaway GMCN in accordance with the law.
He, however, maintained that the church remains open to reconciliation, urging members of the breakaway group to return to their original place of worship in order to continue promoting the gospel of Christ in unity and peace.
Justice Egwuatu had, on March 30, affirmed the UMCN as the validly registered name at the Corporate Affairs Commission (CAC).
Justice Obiora Egwuatu, in a judgment, directed the CAC to immediately reverse the church’s name from GMCN to UMCN.
Justice Egwuatu also ordered the commission to reverse the change ‘of the names of the trustees of the church made to the incorporated certificate of the church on Oct. 19, 2024, for being unlawful, invalid, null and void.
The judge ordered the Zenith Bank Plc, the 3rd defendant in the suit, to grant members of the plaintiffs’ church (UMCN) immediate access and control to all the church accounts opened and domiciled with the bank.
The plaintiffs; Benjamin Simon, Rev. Dr Eunice Iliya, Bishop Emmanuel Ande and Rev. Eli Yaku, in the suit marked: FHC/ABJ/CS/ 1891/2024, had sued CAC, Incorporated Trustees of Global Methodist Church in Nigeria and Zenith Bank Plc as 1st to 3rd defendants respectively.
The dispute arose following the decision by the CAC to approve a name change for the church allegedly initiated by a breakaway faction, identified as the GMCN.
The UMCN challenged the action, arguing that due process was not followed and that the amendment violated both statutory provisions and the church’s internal governance structure.
