The federal High Court sitting in Abuja on Monday struck out the suit filed by Professor Joseph Otubu, son of former late Baba Aladura Humphrey Otubu challenging his suspension from the Eternal Sacred Order of the Cherubim and Seraphim (ESOCS) Church.
The matter was struck out by the presiding judge, Justice Gladys Olotu, following notice of a withdrawal dated 5th March 2013 filed and by the plaintiff.
When the motion was moved, the defence did not oppose but applied for the dismissal of the suit, as he had joined issues.
But relying on Order 50, the judge held that the order allowed the court the use of its discretion, and subsequently allowed the suit to be discontinued. “Following the notice, the plaintiff’s action is discontinued,” she said.
She awarded no cost to either of the parties, stating that the case is a church matter, which should be resolved amicably by the members. She also noted that some traditional rulers who are members of the church had at the last sitting informed the church of their intention to withdraw the suit for settlement
Otubu had sued ESOCS, the Baba Aladura Elder Lazarus Onyeleonu, and Chairman of Abuja province of the Church, Special Senior Apostle Michael Osamor in protest of his suspension from the church last year for allegedly violating ESOCS rules, creating confusion and conflict of interest by refusing to proceed on his new posting, after accepting his elevation to head the Central Management Committee (CMC) that superintended all ESOCS churches in Northern Nigeria
In the suit, Otubu, the erstwhile chairman of the church had asked the court to nullify his suspension and reinstate his chairmanship. In othe riginating summons filed in court, Otubu contended that he was unilaterally removed from office by Baba Aladura and prayed the court to set aside his dismissal, expulsion and removal from office as Chairman, Abuja Province of the Church and a member of the Advisory Board of the church.
He further argued that the ESOCS constitution with which his late father administered the church for 18 years before the incumbent Baba Aladura took over is at variance with the Companies and Allied Matters Act Cap C20 of the laws of the Federation of Nigeria and Section 36 of the constitution of the federal Republic of Nigeria which deal with fair hearing.
