A Federal High Court judge sitting in Abeokuta, yesterday heard the preliminary objection of counsel to Faith Academy, Ota, Ogun State and eight other defendants sued for the death of Morenike Arulogun. Morenike, a former boarder in Faith Academy, who died of Cerebral Malaria on November 21, 2008.
The defendants’ counsel, Ogochukwu Mbamalu of Jumbo Chambers, asked the court, presided over by Justice Barbara Molokwu, to strike out Faith Academy and six other defendants from the lawsuit for not being legal persons capable of being sued.
“By virtue of the preliminary objection brought subject to section six of the constitution of the Federal Republic of Nigeria, we are praying the court to strike out the first, second, third, fourth, sixth, eighth and sixteenth defendants from the suit as they are not juristic persons,” Mr. Mbamalu said.
But Oluyinka Oyeniji of Banwo, Adeyemo and Igbokwe Chambers who represented the plaintiff, Toye Arulogon, presented evidence to show that Faith Academy (the first defendant) is a legal entity, duly registered by the Corporate Affairs Commission.
“Contrary to what the applicants’ counsel is trying to show this honourable court that Faith Academy is not registered, exhibits A and B show the incorporation documents of Faith Academy. The evidence is apparent that they are registered,” Mr. Oyeniji said.
The CAC documents
Mr. Mbamalu said the exhibits presented do not pass as Faith Academy’s Certificate of Incorporation. He said: ”The exhibit by itself is not a Certificate of Incorporation so cannot determine juristic status of the first defendant.”
But documents obtained from the Corporate Affairs Commission office in Wuse Zone 5, Abuja actually show that Faith Academy was registered as a company limited by guarantee (Ltd/Gte).
In the Form CAC 7, which states the Particulars of the directors of Faith Academy Ltd/Gte, the Presiding Bishop of the Living Faith Church Worldwide (aka Winners Chapel), David Oyedepo, and his wife Abiola Florence Akano Oyedepo (now Faith Oyedepo), were listed as the two directors.
Also, the Memorandum and Articles of Association shows that the school was duly registered under the Companies and Allied Matters Act, 1990 as verified by CAC on August 21 2007.
Mr. Oyeniji said Faith Academy is attempting to dissociate itself by claiming that since the Ltd/Gte was not included in the lawsuit, then it is not the school under litigation.
“But in all of Faith Academy’s receipts, brochures, signboards, everywhere, even their website, what you see is Faith Academy. At no time have they paraded themselves under Faith Academy Ltd/Gte.
“But assuming without conceding there’s a misnomer, the court is enjoined and empowered in the fairness of justice to attach the missing words,” Mr. Oyeniji said.
In emphasising his point, Mr. Oyeniji cited the case of A B Manu VS Costain West Africa found in the Nigeria Weekly Report Volume 8 Pg 112 and Njemanze VS Shell BP in the 1958 Western Nigeria Law Report volume 31, where in similar circumstances, the court granted the change.
Also present at the court were the counsel to the Ogun State Ministry of Education, Deinde Dipeolu and Shola Adegbite, who told the court that they were only observing the proceedings since they were not particularly affected by the preliminary objection.
Justice Molokwu adjourned the case until next month when a ruling on the preliminary objection presented by the defence would be decided.
“The case is adjourned to the 14th of December 2009. And it will help if counsel could assist the court by making copies of the authorities cited,” Justice Molokwu said.
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