"We submit that slapping being an act of assault an item outside the provisions of Chapter 4 of the 1999 constitution and the African Charter, this court therefore lacks jurisdiction over same."
The multi billionaire founder of the Living Faith Christian Church International, Bishop David Oyedepo, has denied slapping a young member of his congregation; stating that neither he nor his church could be sued.
In a notice of preliminary objection filed at the High Court of Ogun State and made available to PREMIUM TIMES; Bishop Oyedepo maintained that he and his church are "non juristic persons" and therefore asked the court to strike out the suit as it lacked jurisdiction to adjudicate on the matter.
Robert Igbinedion, a Lagos based lawyer, had in April, filed a suit on behalf of the young lady, who was slapped during a church service, for the enforcement of the lady's fundamental rights to freedom from inhuman and degrading treatment, human dignity, fair hearing, and freedom from discrimination.
Mr. Igbinedion prayed the court to award the sum of N2bn as 'general and exemplary damages' against the bishop as well as compel him to publish a public apology in two national dailies and one international satellite television.
In a counter affidavit deposed by Olugbenga Adegboye, the church's senior legal officer, Bishop Oyedepo stated that "his ministry is a ministry where the holy bible is preached and people are prayed for without coercion."
The church also said that there is no record of anyone called Miss Justice - a sobriquet given to the young lady for the purpose of the suit - in any of its services organized in the past.
A written address to support the preliminary objection signed by F. B Agbanwu, the church's Solicitor, insisted that the matter is not within the Nigeria constitution or the African Charter on Human and People's Rights.
Furthermore, the church urged the court to determine whether Mr. Igbinedion is capable of "bringing this kind of application" before it and whether "it is proper to bring this application against the 1st and 2nd respondents (Bishop Oyedepo and his church respectively).
Arguing that both Mr. Igbinedion and the respondents cannot sue and be sued, Bishop Oyedepo's lawyers noted that the cause of action must centre on clear infringement of a fundamental right.
"The cause of action or principal claim in this application centres merely on slapping one Miss Justice by the 1st respondent.
"The slapping of Miss Justice is an act that could be described as an assault which is a criminal offence punishable under the criminal code...
"We submit that slapping being an act of assault an item outside the provisions of Chapter 4 of the 1999 constitution and the African Charter, this court therefore lacks jurisdiction over same."
The court sits, June 1, for parties to adopt their motion before judgment is fixed.
In December last year, a YouTube video of Bishop Oyedepo viciously slapping a young lady who admitted that she was "a witch for Jesus" during an altar call went viral on the internet.
A second video that surfaced days later showed the bishop justifying his action adding that it is "his ministry to slap" and that "if he sees another witch, he'll slap."
Posted: at 26-05-2012 12:15 AM (12 years ago) | Upcoming
CammyWhite at 26-05-2012 01:24 AM (12 years ago) (f)
What an arrogant, opinionated turd... no way should he be able to duck this one. Slapping is assault, and no way he should be able to smother that fact with legal crap!
Posted: at 26-05-2012 01:24 AM (12 years ago) | Gistmaniac
bigdad95 at 26-05-2012 10:04 PM (12 years ago) (m)
in the last days many will come on my name saying i am a man of God.many fake prophet will arise and misled many.a man of God indeed,by there frute you shall recorgnize those men,the is a rotten frute lol.
Posted: at 26-05-2012 10:04 PM (12 years ago) | Upcoming
osamabinladin at 26-05-2012 10:07 PM (12 years ago) (m)
Quote from: ROYAlPRINCE77 on 26-05-2012 09:48 PM
Make una not comment wetin go affect una future here dis man na anointed man of God.....devil is at work
Keep deceiving urself,the God i know of ,is not God of injustice,i guess devil was not at work when ur pastor raised his hand on a woman .Rubish,Rubish,Rubish
Posted: at 26-05-2012 10:07 PM (12 years ago) | Hero
osamabinladin at 26-05-2012 10:21 PM (12 years ago) (m)
Quote from: ROYAlPRINCE77 on 26-05-2012 10:15 PM
My dear i did not coment for you to quote me with ur rubbish statement....i don't even have time to exchange words with u just go with your believe.am not your mate
hahahahahaha
Posted: at 26-05-2012 10:21 PM (12 years ago) | Hero