3rd July, 2015
Henry Ojelu
Pastors, religious activists and workers of some Pentecostal churches have petitioned the Financial Reporting Council of Nigeria over its plan to promote the” Not-For-Profit Code 2015” against religious organizations in the country.
The code seeks to nullify theocracy in the church which is ascendancy of rulership and headship of the church by spiritual means. It seeks to impose democracy as preferred means of attaining church leadership in the area of appointment, tenure and succession.
Some of the aggrieved churches are Redeemed Christian Church of God (RCCG); Living Faith International also known as Winners’ Chapel and Foursquare Gospel Church.
They alleged that the code is being promoted with active connivance of the Federal Ministry of Trade and Investment.
Addressing a news conference in Lagos, their counsel led by Bamidele Ogundele said: “governance in the church is a spiritual affair and that any attempt to separate spiritual affair leadership from administrative leadership would bring dichotomy, create crisis within the churches of God and create multidimensional contradictions.”
Ogundele argued that the Sections 1.1, 8-40 of the code which impose General Assembly and tampered with the structures in the church “is anti-Christ, satanic agenda, illegal and a breach and an infringement of the fundamental rights of their clients to freedom of thought, conscience and religion under Section 38(1) of the 1999 Constitution as amended and Article 8 of the African Charter of Human and Peoples Right (Enforcement And Ratification Act), Law of the Federation 2004.
He said that the council has over-stepped its powers and functions under Sections 7 and 8 of the Financial Reporting Council of Nigeria as well as duplicating the functions of the Corporate Affairs Commission (CAC) under Companies and Allied Matters Decree, Law of the Federation 2004 which is saddled with the responsibility of registration and monitoring of churches and charitable organisations.
He said their clients are committed to the defence of rule of law and constitutionalism in Nigeria and have, therefore, decided to challenge the new development in court in order to prevent crisis in the church and to enforce their fundamental human rights at the Federal High Court, Lagos.
The applicants in the suit number FHC/L/C5/974/15 are Bamidele Ogundele, Busola Ogunyode for themselves and the Registered Trustees of the Centre for Rule of Law; Pastor Ayodele Oladeji, Babatunde Adefila, Isaac Opayinka and Bunmi Olawunmi.
It was brought pursuant to Order II of the Fundamental Right Enforcement Procedure Rules 2009 and articles 8 of the African Charter of Human and Peoples Right.
Respondents in the suit are the Attorney General of the Federation, Ministry of Trade and Investment and the Financial Reporting Council of Nigeria.
The applicants among others sought six reliefs from the court including a declaration of the court that the purported Not-for-Profit Sections Codes 2015 mooted and being promoted by the second and third respondents is illegal and unconstitutional because it amounts to duplication of the functions of the CAC saddled with the responsibility of registration and monitoring of compliance of charitable organisations/groups;
That the term of reference being mooted and promoted by the second and third respondents i.e. terms of reference in section 1.1 of the 2015 Code as well as 8-40, specifically, sections 8,9,10 and 37 of the code are illegally and unconstitutional being inconsistent with section 7 and 8 of the Financial Reporting Council of Nigeria Act Cap f42, Law of Federation, 2011 setting up the third respondent.
That the purported Not-for-Profit section Code 2015 mooted and being promoted by the second and this respondents is illegal and unconstitutional because it is not an act or law promulgated by the National Assembly.
They also prayed the court for an order of injunction restraining the respondents, their agents and privies from adopting and giving effect of law to Not-for-Profit sector Codes, 2015 based on their infringement on the right of the applicants to religion under section 38(1) of the 1999 Constitution and Article 8 of the African Charter of Human and Peoples Right (Enforcement And Ratification Act), Law of the federation 2004 and its inconsistence with section 7 and 8 of the enabling law establishing the body i.e. Financial Reporting Council of Nigeria Act Cap f42, Law of Federation, 2011.