By Chuks Eke—
An Anambra State High Court sitting in Awka and presided over by Justice Obiorah Nwabunike has adjourned until November 26 a suit seeking to restrain the Primate of the Church of Nigeria (Anglican Communion), Most Rev. Henry Ndukuba, from suspending, removing, retiring, or dismissing the Archbishop of the Province of the Niger and Bishop of Awka Diocese, Most Rev. Alexander Chibuzo Ibezim.
The suit was filed by Bishop Ibezim against Most Rev. Ndukuba and the Dean of the Church of Nigeria (Anglican Communion), Most Rev. Blessing Enyindah.
In his ruling shortly after hearing submissions from B.E.I. Nwofor, SAN, lead counsel for the plaintiff—who appeared alongside C.S. Ikeria and two other lawyers—and Chijioke Emeka, SAN, lead counsel for the defendants—who appeared with Prof. M.N. Umenweke, Obumneme Okafor, Ikem Nwanegbo, S.C. Udemezue, H.C.Udechukwu, and two other lawyers—Justice Nwabunike directed that all applications connected to the suit be heard on the next adjourned date, beginning with the defendants’ preliminary objections challenging the court’s jurisdiction.
However, Justice Nwabunike advised both parties to explore a peaceful resolution and amicable settlement before the next date, noting that the matter involves ecclesiastical and canonical issues among church fathers.
Bishop Ibezim had approached the court to restrain the defendants from suspending, removing, retiring, or dismissing him, or forcing him onto compulsory leave as Archbishop of the Province of the Niger and Bishop of Awka Diocese, pending the hearing and determination of the motion on notice.
In Suit No. A/371/2026, dated October 13, the plaintiff is also challenging the disciplinary process brought against him and the composition of a visitation team established by the first defendant and headed by the second defendant, which is investigating the alleged sale of church land in the Awka Diocese valued at up to N2 billion.
In one of four notices of preliminary objection brought under Order 2, Rules 2 and 4(1) and Order 40, Rule 1 of the Anambra State High Court (Civil Procedure) Rules 2019, Section 36 of the 1999 Constitution, and the inherent jurisdiction of the court, the defendants are seeking an order striking out the suit for want of jurisdiction.
In Motion No. A/1803m/26, dated October 19 and signed by lead counsel Chijioke Emeka, SAN, the defendants argued that the High Court of Anambra State lacks jurisdiction to entertain the suit.
The defendants contended that beyond the purported request for an interpretation of the Church’s constitution and canons, the crux of the matter is the plaintiffs alleged massive, unilateral sale of church lands, which he purportedly sought to legitimize by forging the signature of the diocesan chancellor, Justice O.J. Okeke (a retired judge of the Federal High Court).
In a supporting affidavit sworn to by Ndubuisi Onwuka, a lawyer and legal secretary for the Church of Nigeria, the defendants recalled that when the plaintiff was consecrated as a bishop on September 12, 2010, he voluntarily made declarations and oaths of canonical obedience and submission to the Primate.
The affidavit further noted that during his enthronement as Bishop of Awka Diocese at the Cathedral Church of St. Faith, Awka, on November 22, 2010, the plaintiff subscribed to the oath of canonical obedience to the Primate in all things lawful and honest.
Additionally, the defendants stated that after his election as Archbishop of the Province of the Niger, he pledged loyalty to the Church in a letter of acceptance dated January 15, 2025. On October 9, 2026, the first defendant invited the plaintiff to Abuja, along with the second defendant and others, to seek a pastoral and dignifying solution to the land-sale crisis that has rocked the Awka Diocese for about two years.
The affidavit added that the gravity of the crisis is reflected in a submission dated July 21, 2026, made by a prominent diocesan member, Prince Arthur Eze, to the Church of Nigeria visitation team, detailing serious allegations of land sales against Bishop Ibezim.
The affidavit continued: “While the first defendant used the occasion to seek a pastoral approach and a dignifying solution to the crisis instead of allowing a harsh public response to bring the church into disrepute, the plaintiff exploded into a rage and verbal tirade against the Primate, to the extent that the Primate’s security details feared the verbal assault could degenerate into physical violence and intervened uninvited.”
“On Tuesday, October 13, 2026,” the affidavit added, “in response to the encounter, the Primate issued a letter canonically directing the plaintiff to proceed on leave to enable a seamless inquiry into the crisis. On the same day, the plaintiff instituted this action without complying with the internal dispute resolution mechanisms prescribed in the constitution and canons of the Anglican Church.”
“It is in the interest of justice for the court to uphold the preliminary objection, as the action as constituted does not disclose a cognizable dispute and is premature. I make this oath in good faith, believing the contents to be true and correct and in accordance with the Oaths Law of Anambra State,” deposed Ndubuisi Onwuka.
