Court Dismisses Christ Embassy’s N1.5m Suit Against CAC Over Business Registration
Justice Ayotunde Faji of the Federal High Court in Lagos, Friday, dismissed a N1.5 million suit instituted by Believers Loveworld, also known as Christ Embassy, headed by Pastor Chris Oyakhilome, against the Corporate Affairs Commission (CAC) for lack of merit.
Justice Faji also awarded a cost of N100,000, against Christ Embassy and Incorporated Trustees of Christ Embassy Church International, who was the second plaintiff in the suit.
The church had dragged CAC and its Register-General before the court, praying for a declaration that the name, ‘Christ Embassy Friends and Partners’, which CAC intended to register is part of its registered name, and as such, is capable of misleading and deceiving innocent Nigerians and other members of the general public.
The church also asked the court to declare that the registration of the club name ‘Christ Embassy Friends and Partners’, is unlawful, null and void and that it contravenes the provisions of sections 30 and 594 of the Companies and Allied Matters Act, 2004.
The plaintiffs therefore urged the court for an order of perpetual injunction restraining CAC and its Registrar General from registering the name ‘Christ Embassy Friends and Partners’.
It also asked for N1.5 million being the cost of instituting the suit.
The plaintiffs, in their statement of claim, filed and argued before the court by their lawyer, Adekunle Sogunle, stated that they are well known to Nigerians and the world at large, in its alias as ‘Christ Embassy’, adding that the activities and programs of Christ Embassy are not hidden as they are widely publicized on the media and internet.
They also stated that the persons who wish to register ‘Christ Embassy Friends and Partners’, have no relationship whatsoever with them, and do not have authority or consent of the church to register the name.
He added that the name ‘Christ ‘Embassy Friends and Partners’ is a name too identical and similar to the name ‘Christ Embassy’, and capable of misleading and deceiving innocent Nigerians.
They further stated that it would be prejudicial to them and would pose great danger to unsuspecting Nigerians, especially its members.
But the defendants, CAC and its Registrar General, asked the court to dismiss the suit, because the name they intend to register was in respect of an association by name: Christ Embassy Friends and Partners Association, and not Christ Embassy Friends and Partners, as presented by the Church.
The defendants also stated that Christ Embassy Friends and Partners Association is not a religious organization but a social group, and that it is completely different from Christ Embassy Church International, which is a religious organization.
The defendants stated that the plaintiff’s objection to the registration of Christ Embassy Friends and Partners Association is uncalled for, as the name is not identical or similar to Christ Embassy Church International.
CAC also stated that it approved the registration of Christ Embassy Friends and Partners Association because it was not similar or identical to any existing or registered name or to Christ Embassy Church International, and that the only similarity, if any, is the generic names “Christ” and “Embassy”, which it claimed nobody has monopoly of usage over.
The defendants also described Christ Embassy’s suit against them as a gold digging exercise, as the approved name, which is yet to be registered, is radically different in both name and objectives/aims from the plaintiffs’ name and objectives.
The defendants therefore urged the court not to grant the plaintiffs’ declaration and orders against them, as the suit was brought in bad faith.
In his judgment, Justice Faji held that the name ‘Christ Embassy’ and the organization which the defendants intend to register, ‘Christ Embassy Friends and Partners Association’ are not the same.
The judge consequently dismissed Christ Embassy’s suit for lacking in merit, and also awarded a cost of N100, 000, in favour of the defendants.
