North American Nigerian Diocese is Suing the Anglican Church of Nigeria over Property and Other Claims

At issue is who has the right to make decisions for the diocese, an Indiana nonprofit corporation with 501 (C)(3) tax-exempt status, and who owns the diocesan properties and governs the other entities affiliated with it, which includes 7,000 persons, a cathedral, as well as 80 parishes.

ADOTT’s constitution states that “[a]ny property, both real and personal, owned by the Diocese now and in the future, is not and shall not be subject to any trust interest in favor of CONNAM, the Church of Nigeria (Anglican Communion), or any other Province of the Anglican Communion.”

At a September 2023 meeting, the CoN’s General Synod voted to restructure all of its affiliations outside of Nigeria, limiting them to missions only and dissolve the existing CONNAM dioceses, including ADOTT. The dissolution of the CONNAM dioceses was to take place by February 2, 2024. However, General Synod took this action without the involvement or approval of ADOTT’s Board, which subsequently disapproved it. On January 24, 2024, the diocese filed suit to enjoin any action on the part of the CoN. Presiding Judge Christina R. Klineman, issued a Temporary Restraining Order on February 2, 2024, siding with ADOTT.

Millions of dollars are at stake as well as the integrity of all parties involved.

At a March 11, 2024 hearing the parties agreed not take any action to dissolve ADOTT and Judge Klineman issued a preliminary injunction. Following this event, attorneys for ADOTT amended the complaint, adding defendants CoN and CONNAM, as well as counts for tortious interference with contractual relationship, tortious interference with business relationships, conversion of property, theft, and unjust enrichment.

The aim of the CoN, the largest Province in the Anglican Communion, is to lawfully dissolve its CONNAM dioceses in order to claim it is respecting the territorial jurisdiction of the Anglican Church in North America (ACNA), while still maintaining a presence on the continent.

There is some history here. Going back several years there has been an ongoing dispute and rivalry between the ACNA and the CoN over Nigeria’s insistence that it have a presence in North America.

This goes back in part to charges of colonialism. Anglican missions arrived in the north roughly at the same time as the establishment of the British Protectorate of Nigeria in 1900; as a result, Anglicanism and British colonialism were seen as one and the same by many in the north, and early missionaries to the north were poorly received. This lies at the heart of the present dilemma. Nigeria is sensitive to charges of colonialism, even though orthodox Anglicans in the West have bent over backwards to work collaboratively with their North American Nigerian brothers and sisters.

For several years the ACNA has been attempting to compel the CoN to leave North America and transfer its existing North American affiliates — like ADOTT to the ACNA. The territorial integrity of a recognized Anglican Province is based in established Anglican polity and is not of a theological nature.

ADOTT Bishop Kay Adebogun, wrote VOL to say that this is not a case of winning or losing. “It is sad that the secular court had to make this pronouncement for us. I am a bishop of the Church of God with my affiliation and root in the Church of Nigeria, serving in North America at this time. I started a new church plant in Canada 20 years ago in Regina, Saskatchewan, Canada, and God in his mercy blessed the work and it has grown with multiple branches across the country.”

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North American Nigerian Diocese is Suing the Anglican Church of Nigeria over Property and Other Claims

SPECIAL REPORT

By David W. Virtue, DD
www.virtueonline.org
April 10, 2024

The Anglican Diocese of the Trinity (ADOTT), a diocese of the Church of Nigeria North America Mission (CONNAM), is suing the Church of Nigeria (CoN), CONNAM (the Church of Nigeria North American Mission), its Primate, the Most Rev. Henry Ndukuba, Bishop Nathan Kanu as coordinating bishop of CONNAM, and ADOTT Bishop Olukayode Adebogun, to prevent the General Synod of the Church of Nigeria from dissolving it.