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.
The Federal High Court in Abuja on Tuesday dismissed an application seeking to stay the execution of a judgement reversing an “unlawful” change to the name of United Methodist Church in Nigeria (UMCN).
The name change, carried out by a breakaway group, the Global Methodist Church in Nigeria (GMCN), was reversed in a judgement delivered on 30 March by Judge Obiora Egwuatu.
The judge directed the Corporate Affairs Commission (CAC) to immediately reverse the church’s name from Global Methodist Church in Nigeria (GMCN) to UMCN.
He also ordered the commission to reverse the change of the names of the church’s trustees made to the certificate of incorporation on 19 October 2024, describing the action as unlawful, invalid, null and void.
On Monday, Mr Egwuatu, delivered a ruling rejecting GMCN’s motion seeking to stay the execution of the judgement pending appeal. The judge said the motion lacked merit.
Mr 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.
The applicant – the GMCN – had filed the motion through their lawyer, Luka Haruna, a Senior Advocate of Nigeria (SAN).
They had sought an order restraining the enforcement of the March 30 judgement delivered by Mr Egwuatu, and preserving control over church properties, funds, accounts and institutional assets across the country while the appeal is pending.
Mr 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.
Mr 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 judgement was enforced.
In his ruling, Mr 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 judgement 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, Mr 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.
Mr 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.
On 30 March, Mr Egwuatu delivered his judgement affirming the UMCN as the validly registered name at the Corporate Affairs Commission (CAC).
The judgement directed the CAC to immediately reverse the church’s name from GMCN to UMCN.
Mr 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 19 October 2024 for being unlawful, invalid, null and void.
