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A Marion Superior Commercial Court judge has granted a locally-based church diocese’s motion for a temporary restraining order, as it looks to prevent its own bishop and two church officials from attempting to dissolve it.
Judge Heather Welch granted the Anglican Diocese of the Trinity’s motion for a temporary restraining order Feb. 1.
The restraining order temporarily halts the Church of Nigeria from dissolving the Anglican Diocese.
The Anglican Diocese of the Trinity filed a complaint—Anglican Diocese of the Trinity (ADOTT) Inc. v. Olukayode Adebogun, Nathan Kanu and Henry C. Ndukuba, 49D01-2401-PL-003210—in Marion Superior Commercial Court Jan. 24 that motioned for the temporary restraining order.
The diocese seeks declaratory and injunctive relief through a preliminary and permanent injunction to prevent the defendants from dissolving the organization.
“There is no provision in ADOTT’s Constitution which allows the Church of Nigeria to dissolve ADOTT. Historically, once a diocese is formed, it is never dissolved, even if the diocese is in crisis,” Welch wrote in the order. “ADOTT’s Board of Trustees has not passed any resolution to dissolve ADOTT. After the Church of Nigeria’s resolution was announced, ADOTT was subject to spiritual and economic harm. ADOTT’s clergy and membership have split, causing divisions within ADOTT and harming its finances and resources.”
Welch further wrote that she found the diocese has a likelihood of success on the merits.
“The Court finds that ADOTT has proven that it has a reasonable likelihood of success on the merits of its declaratory judgment action seeking a declaration of the rights and status of the parties to dissolve ADOTT under Indiana’s Nonprofit Corporation Act,” Welch wrote. “ADOTT’s Constitution includes no provision regarding the dissolution of ADOTT—and notably does not provide authority allowing the Church of Nigeria to dissolve ADOTT—and thus the Indiana Nonprofit Corporation Act controls the procedure of such an action.”
The restraining order is to remain in effect until the hearing on the motion for a preliminary injunction which is set for 1:30 p.m. on Feb. 9.
The Anglican Diocese is a member of Church of Nigeria North America Mission, a missionary initiative of the Church of Nigeria.
It is also a full-fledged ecclesiastical unit that operates primarily as a missionary, evangelical and church planting movement, with more than 80 parishes spread across the U.S. and Canada.
According to the complaint, the Church of Nigeria passed a resolution in September 2023 to dissolve the diocese by Feb. 2.
The church’s bishop, Adebogun, was also suspended Jan. 30 for alleged disobedience.
“Pursuant to Canon XVI 1 paragraphs (g) and (h) of the said Constitution and Canons you are hereby suspended as a Bishop of the Church of Nigeria (in both your erstwhile role as a Bishop of ADOTT and as the Area Bishop for Canada Missionary Region Area 1 in Canada, pending an immediate full investigation into your conduct and willful disobedience to the authority of the Primate generally and the General Synod of the Church of Nigeria (Anglican Communion),” stated a letter that Adebogun received, which was signed by Ndukuba, who is listed as “Archbishop, Metropolitan and Primate of All Nigeria.”
According to the letter, Bishop Nathan Kanu, the coordinating bishop of CONNAM, took over Adebogun’s responsibilities as a bishop of the Church in North America pending the assignment of a Canon Missioner Area to superintend Canada Missionary Region Area 1 in Canada.
Adebogun said that he was suspended without inquiry or any opportunity to respond.
The religious leaders of the Anglican Diocese, CONNAM, are allegedly ignoring the requirements of the Indiana Nonprofit Corporation Act to dissolve the diocese.
In September 2023, the General Synod of the Church of Nigeria met and discussed the ongoing dispute between the Church of Nigeria and the Anglican Church of North America. According to the complaint, the ACNA had been attempting to force the Church of Nigeria to remove its presence from North America and have its existing North American affiliates re-affiliate with ACNA.
At the meeting, the Church of Nigeria’s General Synod voted to restructure all of its affiliations outside of Nigeria, limiting them to missions only.
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