SHODEINDE & ORS V. REG'D. TRUSTEES OF AHMADIYYA

• Pages: 523-559

523

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NIGERIAN SUPREME COURT CASES [1983] N.S.C.C.

UWAIS, J.S.C.: I have had the privilege of reading in draft the judgment read

by my learned brother Eso, J.S.C. I entirely agree with it. Accordingly I too will

uphold the preliminary objection taken by the 1st and 20th defendants. The action

is hereby struck-out for want of jurisdiction with no order as to costs.

Action struck out.

SHODEINDE & ORS V. REG'D. TRUSTEES OF

AHMADIYYA

1.

CHIEF IMAM Y.P.O. SHODEINDE

2.

ALHAJI K.D. OSHODI

3.

ALHAJI B.A. OGUNBAMBI



APPELLANTS

(For themselves and on behalf of

the other members of the Ahmadiyya

Movement-in-Islam)

V

1.

THE REGISTERED TRUSTEES OF THE

2.

AHMADIYYA MOVEMENT-IN-ISLAM

3.

ALHAJI CHIEF S.L. EDU

4.

ALHAJI H.A.B. FASINRO



RESPONDENTS

5.

ALHAJI CHIEF IMAM E.T. DADA

6.

ALHAJI A.L.S. AKODU

7.

B.A. FANIMOKUN

8.

ALHAJI K.B. SHOMADE

SUIT NO. SC 64/1982

SUPREME COURT OF

NIGERIA

SOWEMIMO,



C.J.N.

OBASEKI,



J.S.C.

ESO,



J.S.C.

ANIAGOLU,



J.S.C.

UWAIS,



J.S.C.

4th November, 1983

Civil Action - Voluntary association = Alteration of Constitution - Muslim Religious

Association originally named Ahmadiyya Movement- in-Islam after its founder

Ghulam Ahmad - Renamed - Claim on behalf of the movement for declaration

that name change null and void - Whether executive committee's power

exercised in bad faith to destroy movement's identity - Movement's fundamental

ideals, aims and objectives unaffected by the change of name

-

Absence of

evidence of bad faith.

ISSUES:

1.

Whether the change of name of a voluntary organisation constitutes a change

in the identity and therefore the fundamentals of such an organisation.

2.

Whether the change of name Ahmadiyya-Movement-in-Islam to Anwar-ul-Islam

Movement of Nigeria is a change in the identity and therefore the fundamentals

of the Movement, and accordingly

intra vires

the Executive Committee.

3.

What is the meaning of good faith or

bona fide?.

Was the change of name

effected by the respondents done in good faith or bad faith?

SHODEINDE & ORS V. REG'D. TRUSTEES OF AHMADIYYA

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524

FACTS:

These proceedings were provoked by the split in the ranks of the Ahrnadiyya

Movement-in-Islam following the change of name from Ahmadiyya Movement-in-

Islam to Anwar-ul-Islam. Because of the prominent role played by the 2nd to the

5

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7th defendants, the plaintiffs who were opposed to the change of the name, re-

garded the 2nd to the 7th defendants as apostates to that faith and decided to re-

cover all the properties of the Ahmadiyya Movement- in Islam from their possession

and control. The trial Judge held that the executive committee had extensive

powers to change its name and there was no limitation in the exercise of such

10



powers. And that the issue of good or bad faith was irrelevant. The Court of Ap-

peal however held that the question was whether the exercise of power is

infra vires

and the issue of good or bad faith depends on the circumstance of the exercise

of such power. The appellants appealed to the Supreme Court.

HELD:

15



1. The change of name from Ahmadiyya Movement-In-Islam to Anwar-ul-Islam

effected by the Executive Committee of the Movement was not a change in the

identity and fundamentals of the Movement. Rather it was a necessary measure

taken due to a desire to ensure that nothing interferes with the Islam faith and

the realisation of the faith, particularly the performance of the Hajj by members

20

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of the Movement who are all ardent muslims.

2. A thing is done in good faith or

bona fide

where it is in fact done honestly,

whether it is in fact done negligently or not. Good faith is the absence of bad

faith or rather

mala fides.

The change of name effected by the executive

committee was done in good faith, since the amendment made by the resolution

25

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of the executive committee did not destroy the fundamental ideals, aims and

objectives. It did not take the movement away from its pursuit to learn, preach

and propagate Islam.

CASES REFERRED TO IN JUDGMENT:

30



1.

The Free Church of Scotland v. Overtown

(1904) A.C. 515.

2.

Leos v. The Showmen's Guild of Great Britain

(1952) 2 Q.B 329 at 341.

3.

Mallstorm v. Garner

(1970) 2 All E.R. at page 12.

4.

Morgan v. DiscoII

38 T.L.R. 251.

5.

Hole v. Garnsey

(1930) All E.R. 568 (1950) A.C. 490.

35



6.

Mogridge v. Clapp

(1892) 3 L.L. 382 C.A. at p.391.

7.

Sule Noibi & Ors. v. Imam Ajose & Ors.

8.

Mayor Alderman and Burgesses of the Borough of Bradford v. Pickles

(1826) A.C. 537.

40



Mr. G.O.K. Ajayi, S.A.N.

(with him

A. Ogunsola (Miss))

for the Appellants.

Chief F.R.A. Williams, S.A.N.

(with him

Alhaji H.A.B. Fashinro, Mr. B.O. Ogundipe

and Mr. T.E. Williams)

for the Respondents.

OBASEKI, J.S.C.

(Delivering the Judgment of the Court): Proceedings in this

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matter on appeal to this Court were commenced by a writ of summons filed in the

High Court of Lagos State at Lagos on the 14th day of January, 1975. The claims

endorsed on the amended writ of summons filed on the 8th day of December,

1976 read:

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"1.

A declaration that the resolution passed by the executive committee of the

Ahmadiyya Movement-in-Islam on the 12th day of May, 1974 whereby it pur-

ported to change the name of the Movement to Anwar-ul-Islam Movement

is null and void and is not binding on the plaintiffs.

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NIGERIAN SUPREME COURT CASES

[1983] N.S.C.C.

2.

A declaration that the plaintiffs and those who adhere to them alone fully

represent the Ahmadiyya Movement-in-Islam Nigeria and are entitled to the

whole lands and property belonging to the said Movement within Lagos

State as at the 11th day of May, 1974 which were held by and vested in the

1st defendants as registered trustees on behalf of the plaintiffs and those

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5

adhering to them as constituting the true and lawful Ahmadiyya Movement-

in-Islam and that the defendants are bound to hold and apply the same on

behalf of the plaintiffs.

3.

A declaration that the plaintiffs and those adhering to them lawfully repre-

sent the Ahmadiyya Movement-in-Islam Nigeria and are entitled to all the



10

funds and all the moveable property of the said Movement as at the 11th of

May, 1974 and to have the same applied for and on behalf of those adher-

ing to them and that by adhering to a body known as Anwar-ul-Islam the

2nd, 3rd and 5th defendants and those adhering to them had become se-

ceders from the Ahmadiyya Movement-in-Islam and had automatically

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ceased to be members of the Ahmadiyya Movement-in-Islam.

4.

A declaration that all property vested as at 11th day of May, 1974 in the reg-

istered Trustees of the Ahmadiyya Movement-in-Islam appointed in 1974

were vested and held by them for and on behalf of the Ahmadiyya Move-

ment-in-Islam and that no part thereof can be lawfully diverted to the use of



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any other association not maintaining and adhering to the whole of the fun-

damental principles and tenets contained in the constitution (including the

conditions of the Bai'at and the Articles of faith) of the Ahmadiyya Move-

ment-in-Islam.

5.

A declaration that the former members of the Ahmadiyya Movement-in-Islam

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who had adhered to a body known as the Anwar- uldslam or

who now so

describe themselves

have thereby lost all

beneficial rights

to such property

of the Ahmadiyya Movement-in- Islam whether real or personal and that the

1st defendant cannot lawfully apply the same for the benefit of such mem-

bers or of the Anwar-ul-Islam for its members.

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6.

A declaration that the 2nd, 3rd and 5th defendants had before or on the 12th

of May, 1974 become Apostates and thereby automatically ceased to be

members and officers of the Ahmadiyya Movement-in-Islam Nigeria and that

all acts performed as such thereafter are null and void and of no effect.

7.

An order for the return of all moveable property documents (whether of title

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or not) records, Account books and papers belonging to the Ahmadiyya

Movement-in-Islam which are or have been in the possession of the defend-

ants.

8.

An order for the payment to the plaintiffs of all sums of money belonging to

the Ahmadiyya Movement-in-Islam as at the 12th day of May, 1974 which

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the defendants have spent or utilised whether from its bank accounts or

otherwise.

9.

An account of all rents, royalties or other sums of moneys received by the

defendants in respect or on account of the properties, moveable or immo-

veable of the Ahmadiyya Movement-in- Islam including sums received on

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45

account of the operation of the printing press of the movement.

10.

Payment over to the plaintiffs of all sums funds (found) due.

11.

An injunction restraining the 2nd defendant from entering or leading prayers

in any of the Mosques belonging to the plaintiffs.

12.

An injunction restraining the defendants their servants and agents from con-

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tinuing to occupy and use all the properties real and personal, of the Ahma-

diyya Movement-in-Islam.