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Supreme Court judgement will end crisis in Assemblies of God Church – Amaowoh

The Citizen by The Citizen
March 6 2016
in The Citizen Interview, Uncategorized
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Assemblies of God Church Nigeria has been embroiled in a leadership crisis for more than one year, resulting in the emergence of two General Superintendents, Professor Paul Emeka and Rev. Chidi Okoroafor are now battling for the soul of the church.

In this interview with Christopher Isiguzo, the General Secretary of the Assemblies of God Nigeria, Rev. Godwin Amaowoh, expresses optimism that the Supreme Court would end the crisis before long.

Excerpts:

It was published in some newspapers that there was jubilation in Assemblies of God because the Supreme Court refused to stop Professor Paul Emeka from acting as the General Superintendent. Is it true?
That is a pure lie published to deceive members of the public. God gave the church victory at the Court of Appeal on 14 April 2015 in the suit: Rev. Dr. Chidi Okoroafor & 19 (AppellantV. Revs) others . Prof. Paul Emeka (Respondent) Appeal No CA/E/10/2015. It was a unanimous decision of the justices of the Court of Appeal that confirmed that Paul Emeka’s removal followed due process as the Court of Appeal blamed him for the crisis rocking the church. In consequence, the entire judgement of Justice A.O Onovo of the Enugu State High Court was set aside.
Expectedly, Paul Emeka then filed a Notice of Appeal at the Supreme Court but refused to take any further step to advance the appeal. The reason is simple. Paul Emeka did not believe he has a good case for appeal but needed to deceive his followers so that they can keep investing in him. In addition, since he does not believe in the rule of law, but rather lives to exploit any weak link he can find in the law, it was desirable for him to have the matter delayed so that he could go on making war against the saints.

According to the law, once a person files a Notice of Appeal, he should immediately follow it up with his brief of argument. This must be done within 10 weeks from the date the record of appeal was transmitted by the registrar of the Court of Appeal to the Supreme Court. The record of appeal was transmitted to the Supreme Court on June 26, 2015 but up till the end of 2015, Paul Emeka had not filed anything more.

The AGN lawyers came up with the idea to force his hands by either having him come to prosecute his appeal or to have it dismissed. Accordingly, a Motion on Notice to dismiss his appeal was filed on 11th day of January 2016. The matter came up for hearing on 19th of January. The Supreme Court was already hearing the argument for dismissal when Paul Emeka’s lawyers pleaded for more time and pledged to immediately file their papers.

The court sought and obtained the consent of the AGN lawyers to stop the motion for dismissal in order to give Paul Emeka more time to file his papers. The court also made an order for the accelerated hearing of the appeal.
Mission was accomplished! It was never our intention to get judgement against him without trial. You will remember that before Justice Onovo, Paul Emeka filed his suit on the 15th of April 2014, was heard and given far-reaching injunctions on 16th April, after which the court asked us, the respondents, to come to court the next day, 17th April, all in the same 2014, to defend the substantive matter.

The motion for dismissal was withdrawn at the advice of the court just to enable Paul Emeka to file his brief of argument on or before 5th February 2016. Every lawyer will tell you that once a motion is withdrawn, no matter the reason, it will be struck out. That is what happened. We did it in good faith but, as usual, Paul Emeka is paying us evil for our good.

As we speak, Paul Emeka has now filed his Appellant’s Brief of Argument on 5th February, 2016. The church has a few weeks to file the Respondent’s Brief of Argument as a response to Paul Emeka Appellant’s Brief of Argument. A date will thereafter be fixed by the Supreme Court for hearing of the appeal.

It is very important to note that it was the motion on notice to dismiss the appeal dated 11th January, 2016 that was heard on 19th January, 2016 and not the Motion on Notice dated 5th November, 2015 seeking an injunction to restrain Paul Emeka from the continued use of thugs to attack our churches. The second motion was not heard at all by the Supreme Court on that 19th January, 2016. The motion is still pending. Since Paul Emeka’s counsel indicated her willingness to file the Appellant’s Brief of Argument and an order of accelerated hearing given, there was no need to insist on moving the second motion.

It then beats our imagination how Paul Emeka went about broadcasting everywhere that he has won the appeal. Therefore, we want to state categorically that the Supreme Court has not given any judgement in the matter, let alone giving it in favour of Paul Emeka. We are hopeful that the Supreme Court will quickly dispense with the matter since it had made an order for accelerated hearing.

Did the Supreme Court advise both parties to settle out of court?
Yes, the five-man panel of Justices of the Supreme Court did advise the parties to seek reconciliation out of court, but they also added that if the parties failed to do so, that they are here to declare who is right and who is wrong according to law. This piece of advice to settle out of court was also given during the proceedings at the Court of Appeal. The lead counsel for the Assemblies of God Nigeria has always responded to this question this way: “My Lord, we are here at their instance.” In other words, “My Lord, they took us to court against the biblical injunction in I Corinthians 6.” NIV Bible puts I Corinthians 6:7 this way, “When you take another believer to court, you have lost the battle already…”

This position of our lead counsel is supported by the Court of Appeal judgement of 14/4/2015. The Court of Appeal on page 106 of its judgement held that a member of a voluntary organisation cannot sue for breach of the internal constitution and regulations of the organisation. On page 107, the Court of Appeal held that the majority of the members of the church made the 2002 constitution of the church and agreed that all members shall be bound by it. That one of the causes for discipline of any member is stated in Article XII Section 21 of the 2002 constitution as “Taking the church to court for any reason.” That by the provisions of Article XII, it is implied that there is a binding agreement by members of the church not to take the church to court. That by virtue of this agreement binding on all members, Paul Emeka is estopped from challenging the church or majority of its members for enforcing Article XII Section 3 ( m ) of the Assemblies of God Constitution and Bye-Law to discipline him for taking them to court.

The church has attended every meeting aimed at reconciliation. Indeed, it should be borne in mind that it was in a bid to resolve the matter that the General Committee was called on 6th March 2014.
It was to settle the matter that the then Executive Committee made countless efforts to persuade Paul Emeka to accept peaceful meeting. It was in search of peace that all the retired leaders of the church pleaded with him to sheathe his sword. Even after he had dragged the church to court, we still attended several peace meetings. What Paul Emeka wants is to be restored as the General Superintendent so that he will continue to rule the church as his fiefdom. That will not happen.

Is the matter between Chidi Okoroafor and Paul Emeka?
Absolutely no. The matter is purely between Paul Emeka and the Assemblies of God Nigeria who he has sued through its leading clergy and laity. It was not Rev. Chidi Okorafor that asked him do to all the evil that caused the Ambassadors of the Kingdom, all of them men of honour, to protest. Okoroafor did not ask him to buy the German property. He did not ask him to live a controversial life as a leader and as a member. He did not ask him to personalise and appropriate the church’s Evangel University. He did not ask him to snub the laymen that sought audience with the Executive Committee. He did not ask him to paralyse the Executive Committee meetings or shun the General Committee. Paul Emeka claims he has always had the majority behind him; why did he not mobilise for the General Committee of 6th of March 2014? When the motion to remove him was put to vote there was not a single vote in his favour.

The ‘sin’ Okorafor committed is that he did not support Paul Emeka in his evils. He did not conspire with him to ruin the church. He did not flatter him. He did not sell the soul of the AGN in order to remain in Paul Emeka’s good books. The fact that Okoroafor is the incumbent General Superintendent does not automatically make him a party to the on-going crisis. Okoroafor had no constitutional power to remove Paul Emeka; it is in the power of the General Committee, the highest decision-making body of the church, to do so. Okoroaofor is just connected to the matter in his representative capacity as a trustee, just like other trustees in the matter. Paul Emeka is a master of propaganda. He is a blackmailer. Since he accused members of the Body of Ambassadors of various heinous crimes, has he lifted a finger to prove any of it? Has he proved any of the near-blasphemous allegations against the former General Superintendent, Rev Charles Osueke? He believes that if he keeps repeating accusations, it would somehow be mistaken for the truth. But only man can be deceived, God cannot.

Is the church hopeful that the outcome at the Supreme Court will be in its favour?
Sure, the church believes it is in the right. That belief makes us hopeful, although, our fate does not lie in the court but in God’s hand. The Bible says in Mathew 16: 18, “I will build my church; and the gates of hell shall not prevail against it.” We are hopeful that the Finger of God shall do it again, Amen. Already God is giving the church victory in all the on-going court cases in some states in Nigeria. Just to mention but a few, in Niger State, Bayelsa, Saminaka and Enugu and Abuja. For example, on 18/2/2016, the High Court, sitting in Minna, Niger State, dismissed the suit with suit no: NSHC/MN/97/2015 brought by Paul Emeka against the church challenging the creation of Niger South Area by the Executive Committee of the Assemblies of God, Nigeria. Again, the High Court of Enugu State, sitting for Form 49, in Suit No E/82/2014 on 11th February, 2016 declined jurisdiction to hear an application brought by Paul Nathan Udeze (a dismissed minister and Paul Emeka) & Co for an order of committal to prison of the General Officers and the Trustees of the Assemblies of God Nigeria. This matter of has been on appeal since 2014 and yet the deceivers wanted the trial court to resume hearing it.

Is Paul Emeka in control of the majority?
Absolutely No. The General Council, Assemblies of God Nigeria as of today has 120 administrative units, including Districts, Areas and Missionary Areas. The percentage of the traitors is so negligible that Paul Emeka and his cohorts are embarrassed that despite all their lies, their blackmail, their corruption, their propaganda, their compromises with thieves and looters, the AGN is waxing stronger. All institutions, departments and organs of the church are with the General Council led by Rev. Chidi Okoroafor. The Court of Appeal on page 98 of its judgement held that, “It is also glaring that he (Paul Emeka) believed that if the General Committee held, the majority of the members were likely to vote for his removal as the General Superintendent. This belief and fear is repeatedly expressed by him in Exhibit 6d, his 18-2-2014 letter to the Unit Heads. The efforts of the respondent (Paul Emeka) to stop the holding of the meeting failed.” That situation has not changed.

We heard that he has been ordered by the Sharia Court of Appeal to appear on 30th March, 2016 in Abuja?
Please point of correction! It is Upper Area Court and not Sharia Court of Appeal as broadcast by Paul Emeka Group. Section 260 of the 1999 Constitution establishes the Sharia Court of Appeal. Section 262 (1) states, “The Sharia Court of Appeal shall, exercise such appellate (appeal lies from Sharia Court) and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law.” From the foregoing provision of the constitution, it is manifestly clear that Sharia Court of Appeal lacks the jurisdiction to hear forgery case but can only exercise jurisdiction in matters involving questions of Islamic personal law. Again, suppose the Sharia Court of Appeal has jurisdiction over the forgery case, it can’t still exercise jurisdiction because it can only exercise jurisdiction by way of appeal lying to it and not vice versa. The Sharia Court will be the court of first instance and not Sharia Court of Appeal. You can see Paul Emeka’s occupation is to fabricate lies and sell it to the members of the public. – Culled from Thisday.

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