A leader of the Cherubim and Seraphim Church, Adepoju Arogundade, on Tuesday filed a motion before Federal High Court In Lagos to stop the appointment of new head of the Church.
The motion sought to restrain trustees of the C & S Church in Nigeria from further appointing a spiritual head, pending the determination of a suit against it.
When the case was mentioned on Tuesday, counsel representing the plaintiff, Tunji Gomez, informed the court of the pending motion and applied that the case be stood down to enable him sort out some processes.
Justice Ibrahim Buba, however, refused a stand down, adding that the court had too many matters to deal with.
Buba, therefore, adjourned the case till February 14 for hearing.
The News Agency of Nigeria recalls that Arogundade had filed the suit in February 2009, seeking an order reinstating him as the rightful leader of the C & S Church in Nigeria.
Joined as defendants in the suit are: Incorporated Trustees of the Cherubim and Seraphim Church, and Adebola Adewuja.
The plaintiff averred in his statement of claims that the C & S Church, founded in 1925 by Captain Emmanuel Abiodun, and registered in 1930, had a constitution, which clearly stipulated the mode of leadership succession.
He said that the constitution provides that after the death of a leader, the oldest in the church would take position as the next leader.
The plaintiff averred that after the death of his father, he became the oldest member of the church as of right, to be appointed leader.
Arogundade stated that rather than appointing him as successor, in line with the C & S constitution, one elder Adebola Adewuja was appointed in his stead.
He, therefore, wants the court to declare the appointment a nullity, since it contravened the provisions of the church’s constitution.
In addition, Arogundade is seeking an order re-instating him as the rightful leader of the Church.
NAN reports that the plaintiff in his new motion, wants the court to restrain the defendants from further electing a leader of the church, especially as the tenure of Adewuja had expired.
The plaintiff wants such appointment stayed until the substantive matter is decided by the court.
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