By Simon Ebegbulem

BENIN—THE Court of Appeal sitting in Benin City, Edo State, has nullified the appointment/election of the Prelate of United Baptist Mission, Nigeria, Rev.  Osama Usuanlele.

It will  be recalled that an Edo State High Court sitting in Benin City, had earlier ruled in favour of the Prelate, but chairman of the Elders Committee of the Church, Rev.  Arnold Emwanta and members of the investigative committee of the church, went on appeal to contest Usuanlele’s emergence, which, according to them was illegal as they appealed the judgment at the appellate court.

Judicial symbol

Justice Baloukuromo Ugo, who read the lead judgment, said: “In the final analysis, I find merit in the appeal and it is hereby allowed and the judgment of the lower court granting respondents’ claims is set aside and in its place, an order dismissing his claim in that court is hereby made.”

The appellate court further declared that the whole “election/ selection process from which the respondent purportedly emerged, was a comedy of error and so voided by section 1 (3) of the United Baptist Mission’s Constitution.

“Yes, the late acting Prelate who later turned around to impugn the process was the same person that set this illegal process in motion, but that fact contrary to the reasoning of the lower court and the respondent, does not make any difference to the obvious invalidity of the process given the clear provisions of the Mission’s Constitution.”

The Justice posited that the lower court and the respondent’s counsel read the Mission’s Constitution upside down in the sense that the constitution was clear in section 29 (3) (b) and further reinforced in section 31 (1), to the effect that the minimum priesthood requirement to contesting the mission’s prelacy is 10 years post ordination experience.

The court also held that the lower court was wrong in holding that the respondent (Rev Usuanlele) with 10 years post ordination experience as at 2008 was qualified to contest and be elected the United Baptist Mission’s Prelate under its constitution.

“He was not at all eligible and neither the equally illegal Transition and Installation/Working Committee and nobody in the mission has the power to waive the requirement for him.  Section 1 on the constitution forbids it. His election even on this ground alone is void,” the court declared.