- 1. OFFENCES
The following are the
charges or accusations on which the
- Primate, a Provincial Archbishop, a Bishop, a Priest or a
- Deacon in the Church of Nigeria (Anglican Communion) may
- be presented for trial:
(A) A conviction by a court of competent
jurisdiction for
felony or other allied offences.
(B) Sexual immorality.
(C) Conduct giving just cause for scandal or offence.
(D) Heresy or false doctrine.
(E) Schism, or acceptance of membership in a religious
body not in communion with the Church of Nigeria (Anglican
Communion).
(F) Apostasy from the Christian Faith.
(G) Violation of any provision of the Constitution of the
Church of Nigeria or of a Diocese.
(H) Disobedience, which is to say, willful contravention of
the Regulations either of the General Synod, or of the
Diocesan Synod of the Diocese in which he holds office.
(I) Neglect of the duties of his Office.
(j) Being a member of a secret society or cult, and failure
or refusal to renounce membership of the same when required
to do so.
2. LIMITATIONS TO THREE YEARS
No original proceedings shall be instituted before any Tribunal of the
Church of Nigeria if more than three years have elapsed since the date
of the alleged offence, except leave be given for a further extension
of time by the Primate under his hand and seal: or except the proceedings
are grounded upon a finding of a civil or Criminal court, in which case
such limitation shall not apply if such
proceedings are commenced within six calendar months of such
findings having been pronounced.
3. HOW CHARGES ARE TO BE LAID
All charges shall be made in a document signed by the
presenters, wherein shall be specified all particulars of time, place,
and circumstances alleged by them, intimation being made of the name
and address of some person, to whom all necessary
communications in the cause shall be made as the agent of the
presenters.
4. HERESY
Any accusation of heresy or false doctrine must aver that the accused
has taught, published or otherwise publicly promulgated, some doctrine
or opinion repugnant to or at variance with the Faith and Doctrine of
the Church as contained in the Fundamental
Declarations and must specify the particular passages of these
Standards and Formularies to which the said accusation refers, as well
as the particular statements of the accused which may be the subject
of the charge.
5. ACCUSATION
The accusation shall be entitled "Articles of Presentment."
6. JUDGEMENT TO BE ACCEPTED
With the Articles of Presentment, the presenters shall transmit a minute
of reference and agreement to the effect that the judgment of the Tribunal
in all matters contained in the Articles of Presentment shall be held
to be final in the cause, saving such rights of appeal as may be allowed
by the regulations of the Church of Nigeria.
7. CLERICAL ASSESSORS
Clerical Assessors appointed to assist in the hearing of a case shall
answer such questions as shall be put to them by the Court and shall
be a liberty to tender to the Court/Tribunal their opinion on
questions that may arise.
8. LAY ASSESSORS
Lay Assessors, being persons who shall be communicant
members and, if possible, learned in the law, shall be appointed in
every case except the charge be one of heresy; and it shall be
competent for them to give their opinion upon such questions as shall
come before the Court/Tribunal.
9. CHALLENGE
The accused shall have the right to challenge any two of the Assessors
nominated to sit at his trial, and the place of the
Assessors so challenged, if the challenge be upheld, shall be filled
by the appointment of others by the President of the Tribunal, which
appointment shall be final.
10. JUDGEMENT
The Tribunal shall be bound to consider, but not necessarily to accept
the opinions of the Assessors before pronouncing judgment.
11. COUNSEL
The accused shall be entitled to have the aid of counsel or an agent
and may submit his defence in writing. The presenters also may be aided
by counsel, and be represented by any agent they may appoint (being
a Communicant member).
12. CONDITION OF TESTIMONY
No testimony shall be received at the trial except from
witnesses who shall before giving their evidence, make an affirmative
answer to the following question -
"Do you promise, in the presence of Almighty
God, that you will speak the whole truth, whether in the declaration
which you shall make, or in the answer which you are about to give?
13. TESTIMONY BEFORE A COMMISSIONER
If it be necessary to take the testimony of an absent witness, or witnesses,
such testimony shall be taken, in the form and manner above provided,
by a Commissioner or Commissioners to be appointed for that purpose,
and the evidence shall be reduced to writing and forwarded to the court,
which evidence shall be read and used at the trial; provided, however,
that no application for the appointment of such Commissioner or Commissioners
shall be made by either party to the President of the Court, except
after at least twenty-four hours notice in writing given by the one
to other, of his or their intention so to apply.
14. PUBLIC PROCEEDINGS
The proceedings shall be public, unless the President of the Tribunal
shall deem it advisable on the grounds of public morals that they should
be private, and the accused does not object.
15. RESIGNATION AS BAR
In any case where a charge has been brought against any person, being
a Bishop, Priest or Deacon of this Church, if such
person shall tender his resignation to the Primate or Bishop (as the
case may be) before any enquiry into such charges shall have been made,
and if the Primate or Bishop, in the exercise of his discretion, shall
see fit to accept the resignation so tendered, then the proceedings
shall cease unless the accused demands that they should go on.
16. PROCEEDINGS UPON ADMISSION
OF GUILT
If at any period in the course of the proceedings the accused shall
in writing make an admission of guilt, and offer to submit to whatever
sentence may be pronounced against him, the Primate or Bishop (as the
case may be) shall have power to dispose of the case, on the basis of
the admission made, in such a way as shall seem good to him: provided
always, that no sentence pronounced under such circumstances shall exceed
that which the Primate or Bishop would have been warranted in pronouncing
had the accusation been proved to the extent of the admission made,
after a trial regularly concluded.
17. SENTENCES
Every sentence of a Tribunal shall be given in writing.
18. REVIEW
Whenever a sentence has been passed by any Tribunal of the Church, it
shall be competent for the Primate or Bishop (as the
case may be) within thirty days after sentence is passed, to direct
that the case shall be reviewed or reheard, if it shall appear to him
that there are cogent reasons for believing that the sentence was founded
on some error, either as to the facts of the case or as to the law of
the church, so that justice has not been done to the
accused.
19. NO APPEARANCE OR WRITTEN
DEFENCE
If the accused does not appear after citation as herein before provided
and no sufficient reason in the opinion of the Tribunal is assigned
for this absence, or if he shall send in a written defence, the Tribunal
shall proceed with the trial and give such judgment as the case may
require, unless the President of the Tribunal see fit to order a second
citation to be issued.
20. CONTUMACY AND ITS PENALTIES
Any person against whom judgment has been given who shall refuse to
obey the sentence of any Tribunal of the Church, shall, if not sentenced
to suspension or deprivation, be excommunicated, unless, for reasons
which must be notified in open court, the Primate or Bishop (as the
case may be) shall decide that it is undesirable to proceed to extreme
measure of excommunication. It shall be the duty of the Primate or Bishop
(as the case may be) after due notice to pronounce the sentence of excommunication.
21. RECORD TO BE PRESERVED
Every Tribunal of the Church of Nigeria shall keep a full record of
its proceedings, including the Articles of Presentment, with the names
of the presenters and the accused, the evidence, the opinions of the
clerical or lay Assessors, and the judgment of the Judge or Judges.
The record shall be preserved in the Registry of the Tribunal.
22A. TRIAL OF BISHOPS
A Bishop of the Church shall, where charges are brought against him
be tried by a court consisting of the Primate and the Bishops of the
Church of Nigeria. The Primate shall preside. The Bishops except the
accused, shall be summoned by the Primate to the hearing of the charge;
but no trial shall take place unless there be present at least six Bishops,
including the Primate, but excluding the accused.
22B. TRIAL OF PRIMATE
Should the Primate be the accused, the Dean of the Church of Nigeria
shall preside and the sentence of the court shall be signed by him and
at least three other Bishops: Provided that no trial of the Primate
shall take place unless there be present at least four Bishops, including
the Dean of the Church of Nigeria but excluding the accused.
23. HOW CHARGES ARE TO BE MADE
No charge shall be received against a Bishop of the Church unless it
be preferred, if it relates to a matter of Faith and Doctrine, by at
least five Priests of the Diocese, or by a Bishop of the Church or,
if it relates to other matters, by at least three Priests of the Diocese
and also three Lay Representatives in the Synod of the Diocese of the
accused Bishop.
24. ACCUSATION
In the case of an accusation against a Bishop, the Articles of Presentment
shall be delivered to the Primate, except he be the accused in which
case they shall be delivered to the Dean of the Church of Nigeria.
25. MANNER OF SERVING CHARGE
The Primate (or if the Primate is the accused, the Dean of the Church)
shall, at the earliest moment after receipt of the Articles of Presentment
transmit a copy of the same to the accused, and to each of the other
Bishops of the Church. All intimations and citations shall be deemed
to be duly served by a copy thereof being forwarded by registered post
to the residential address of the accused.
26. TERM OF TRIAL
The trial shall take place within four months of the receipt of the
Articles of Presentment by the Primate or the Dean of the Church (as
the case may be) unless, owing to the difficulty of communication, it
appears to him necessary to postpone it to a latter day: but in no case
shall it be postponed beyond a year.
27. CLERICAL ASSESSORS
In the trial of a Bishop, the President shall appoint three Clerical
Assessors, each Assessor being a Dean, Provost, Archdeacon or Canon
of some Cathedral Church in the Church of Nigeria; and he shall, except
on charges of heresy, also appoint one or two persons as Lay Assessor
or Assessors.
28. DEFENCE
In the trial of a Bishop, the accused may, if he sees fit, submit his
defence in
writing.
29. SENTENCE
In the trial of a Bishop the sentence, if the accused be found guilty,
shall be either admonition, censure, suspension, or deprivation, and
in addition to any of these, the court may pass a sentence of excommunication,
as the offence or offences adjudged to have been proved shall seem to
deserve, due regard being paid to provisions relating to Judicial Sentences.
30. COMMUNICATION OF SERVICE
It shall be the duty of the court, whenever a sentence has been pronounced,
to communicate such sentence to all other Metropolitans of the Anglican
Communion, and also to the Dean, Provost, Archdeacon, or other ecclesiastical
authorities of every Diocese of the church of Nigeria, and it shall
be the duty of such authority to cause such sentence to be made known
to every Clergy man under his jurisdiction.
TRIAL OF PRIESTS AND DEACONS
31. THE BISHOP'S COURT
Where a case arises, concerning ecclesiastical discipline of Priests
and Deacons, the Chancellor of the Diocese or some other Lay communicant
member learned in the law appointed by the Bishop shall preside in the
Bishop's court. The Bishop shall appoint as assessors not more than
three priests and one other layman well accounted of in the Diocese
and he may, if he thinks it desirable to do so, appoint as additional
assessors one priest and one layman from any other diocese in the Church
of Nigeria.
- 32. REGISTRAR OF COURT
- The Bishop shall nominate a suitable
person to act as registrar or clerk of the court. The President, or
the registrar under the President's direction shall take notes of the
proceedings and such notes authenticated by the President shall be evidence
of the
proceedings at the trial.
33. TRIAL OF PRIESTS & DEACONS
(1) In the trial of Priests and Deacons in the Bishop's Court, the President
shall determine any question brought before him and give such decisions
as the evidence before the Court justifies.
(2) The decision of the court together
with the notes of evidence taken at trial shall be authenticated and
forwarded by the President to the Bishop who shall accept the same and
pass such sentence thereon as the Canons of the Church shall direct.
34. HOW CHARGES ARE TO BE LAID
Any charge against a Priest or a Deacon of the Church must proceed from
a Priest of the Church or from the Church-wardens of the Parish in which
he is serving, or from three or more communicant members. The Bishop
may also himself, if he shall see fit, order proceedings to be commenced
against any Clergyman whose conduct he believes to have just cause for
scandal or offence, and in such a case it shall be sufficient for one
Presenter appointed by the Bishop to deliver the Articles of Presentment.
35. BISHOP MAY VETO PROCEEDINGS
The Articles of Presentment shall be laid before the Bishop who shall
decide, in the first instance, whether they are proper to be admitted
or not. If the Bishop shall refuse either to institute an enquiry, or
to proceed to try the accused, he shall intimate his refusal to the
presenters in writing within thirty days after the receipt of the Articles
of Presentment: and in such case it shall be competent for the presenters
to apply to the Primate; or, if the Primate be the Bishop who refuses,
to the Episcopal Synod through the Dean of the Church of Nigeria; and
if the Primate or the Episcopal Synod think fit, he or they may require
the Bishop to proceed: provided always that notice of intention to apply
shall have been given in writing to the Bishop of the Diocese within
twenty-one days after his refusal to act and that the application together
with a copy of the Articles of Presentment, shall have been forwarded
to the Primate or Dean of the Church of Nigeria within thirty days after
receipt of the Bishop's refusal.
36. MANNER OF SERVING THE CHARGE
Notice of the intention to start proceedings, containing a statement
of the charge and a copy of the information of which it is founded,
shall be served upon the person accused, together with the names of
those chosen to be assessors, thirty days at least before the hearing
of the case.
37. SUSPENSION PENDING TRIAL
Any Priest or Deacon within the Church of Nigeria if accused of immoral
conduct, may be suspended from the exercise of ministerial duties by
the Bishop should it appear to the Bishop to be necessary for the prevention
of scandal: provided that a trial on the charge alleged shall take place
as soon as possible.
38. LICENSED PRIEST OR DEACON
MAY CLAIM TRIAL IN BISHOP'S COURT
Any Priest or Deacon holding the licence of a Bishop may, if he so desires,
have any charges which may be brought against him tried by the Bishop's
Court; and, if such charge be proved, the Bishop shall determine what
sentence shall be sufficient, and there shall be no appeal if the sentence
proceeds no further than the withdrawal of the licence.
39. APPEAL TO CHURCH OF NIGERIA
TRIBUNAL
If any Priest or Deacon against whom a judgment or sentence shall have
been pronounced by any Bishop's court shall feel aggrieved by such judgment
or sentence, it shall be lawful for such person (except in such cases
as are otherwise provided for in these Canons), to appeal to the Church
of Nigeria Tribunal of Appeal: provided such appeal be notified in writing
by the Appellant to the Bishop of the Diocese within thirty days after
such judgment or sentence shall have been pronounced.
40. CONSTITUTION OF THE CHURCH
OF NIGERIA TRIBUNAL OF APPEALS
The Church of Nigeria Tribunal of Appeal (except as provided below)
shall be the Episcopal Synod and the Primate (or if he is absent the
Bishop acting under his commission) shall preside in this Tribunal.
If the appeal is from the judgement or sentence of the court of the
Primate himself, the Dean of the Church of Nigeria shall preside. The
Primate, or the Dean as the case may be shall before the assembling
of the Tribunal, nominate three Clerical Assessors, and he shall, except
in charges of heresy, also appoint one or two persons as Lay Assessors
as provided in these Canons.
41. PRIMATE MAY HEAR CERTAIN
APPEALS
In all cases not involving questions of Faith or Doctrine, except the
appeal be from a judgment or sentence of the Court of the Primate himself,
it shall be sufficient for the Primate along with Clerical and Lay Assessors
(as provided above) to hear and decide the appeal unless the Primate
himself judges it expedient to convene the meeting of the Episcopal
Synod, or unless two Bishops of the Church shall request him to convene
the meeting of the Episcopal Synod to hear and decide the appeal.
42. WHEN JUDGES DISAGREE
If the judgment or sentence of a Bishop's Court in question of Faith
and Doctrine fail to be affirmed on appeal by reason of only two Bishops
being present at the meeting of the Episcopal Synod and not agreeing
as to the judgment or sentence, it shall be competent for the presenters,
with the consent of the Bishop of the Diocese, to bring the case again
before the Episcopal Synod, at its next meeting, on giving the notice
required for appeals.
43. NO APPEAL ON FACT
There shall be no appeal to the Church of Nigeria Tribunal of Appeal
as regards the facts of any case, but only as to the Conclusion to be
drawn from those facts which the Bishop's Court shall determine to be
proved. But it shall be competent for the Primate, on receiving the
case on appeal, to direct that the case, as regards the facts that are
charged, shall be reviewed by the Bishop's Court.
44. NO APPEAL WITHOUT LEAVE IN MINOR CASES
There shall be no appeal from a judgment or sentence for any offence
for which no higher sentence than suspension for three months can be
pronounced, except it be allowed by the Bishop's Court or directed by
the Primate.
45. SUSPENSION OF SENTENCE
In case of an appeal to the Church of Nigeria Tribunal of Appeal sentence
shall be suspended during the appeal, except in case of a sentence for
immoral conduct or heresy.
46. POWERS OF PROVINCIAL TRIBUNAL
The Church of Nigeria Tribunal of Appeal may affirm, modify, or amend
the judgment or sentence appealed against, or pass any other judgment
or sentence in the case, as it thinks just.
47. CONDITIONS OF APPEAL GROUNDS
Every appellant from a judgment or sentence of a Bishop's Court must
within thirty days after the date of the judgment or sentence as the
case may be, lodge with the Registrar of the court his grounds of appeal
supported with reason and must give a bond, to be approved by the said
Registrar to defray all necessary charges in prosecuting the appeal,
and such costs as may be judged by the Court or Tribunal of Appeal.
48. JUDICIAL SENTENCE
Any Priest or Deacon, found guilty after due trial, shall be subject
to any of the following sentences:
(a) For False Teaching
For publicly and advisedly maintaining doctrines or
opinions contrary to the teaching of the Church, unless he shall formally
retract the same within fifteen days after a sentence is given,
(i) inhibition from preaching or suspension for a
term not exceeding three years: provided that if at the
expiration of any such sentence he shall refuse to
abjure such doctrines or opinions, he shall thereupon
be deprived; or
(ii) deprivation.
(b) For
Willful Neglect in Conduct of Services
For refusing or willfully neglecting to use in public prayer
and administration of the Sacraments and other Holy Offices
the forms authorised under the fundamental principles of this
constitution: formal admonition or suspension for a term not
exceeding twelve months; and further, until he shall have given an undertaking
to conform in future.
(c) For
refusal of Duty
For refusing, without good and sufficient reason, to perform for any
member of the Church, belonging to his cure and not under the censure
of the Church, any act appertaining to the ministerial office, formal
admonition or suspension for a term not exceeding three months: and
further, until he shall have given an undertaking to conform in future.
(d)
For neglect of duty
For general neglect of duty, formal admonition by the
Bishop or suspension for a term not exceeding twelve months; in addition
he shall give an undertaking to conform in future.
(e) For
immorality
For immoral conduct, suspension for a term not exceeding twelve months,
or deprivation.
(f) For
unbecoming Conduct
For scandalous conduct or offence unbecoming of a
Clergyman, formal admonition or suspension for a term not
exceeding six months: and in addition he shall have
given undertaking to conform in future.
g) For
Disobedience
For willful contravention of any enactment of the
General Synod or of the Diocesan Synod (in matters not
otherwise provided for), or for refusal to obey lawful command
of his Ordinary, formal admonition or suspension for a term not exceeding
six months; in addition, he shall give an undertaking to conform in
future.
(h) Special
Sentence
In addition to any of the above sentences, the Bishop
may suspend the accused from receiving Holy Communion for such a period
as he may determine.
(i) Heresy,
Schism e.t.c
In case of Heresy, Schism, acceptance of
membership in a religious body not in communion with the
Church of Nigeria, Apostasy a sentence of excommunication
or deposition may be passed unless in the meantime the
accused has publicly abjured, in which case a lesser sentence may be
imposed.
49. DEFINITIONS
The judicial sentence above mentioned shall be interpreted
as follows -
(a) Formal Admonition
By a formal admonition is meant a written warning
delivered either in public or in private, as the circumstances
may seem to the Bishop to require.
(b) Suspension
Suspension means the removal of a Clergyman from
a named charge or office for such period as may be
determined in the sentence of suspension. No clergyman
suspended, has, during the period of suspension, any claim to any salary,
or office, and the sentence of suspension shall set forth whether he
is deprived of all or any apart of such salary and allowances.
(c) Deprivation
Deprivation means the final removal of a Clergyman from a named charge
or office.
(d) Withdrawal
of Licence
A Bishop may at his discretion withdraw or not withdraw his licence
from a clergyman who is suspended or
deprived of his charge or office.
(e) Deposition
Deposition or permanent inhibition means the
withdrawal from a clergyman of all power to exercise his
sacred calling either publicly or privately within the Church of
Nigeria. A sentence of deposition shall of its own force cancel
the licence of the deposed clergyman.
(f) Refusal
to Abjure
By refusal to abjure is meant failure to deliver to the
Bishop, or in the case of Bishop, to the Primate, within
fourteen days after the expiration of a sentence of inhibition or
suspension an abjuration in writing of the doctrine or opinions
in respect of which he was found guilty and sentenced.
(g) Undertaking
to conform
By giving an undertaking to conform is meant
delivering to the Bishop, or in the case of a Bishop, to the
Primate within fourteen days after the expiration of
sentence of inhibition or suspension an undertaking in writing
not to engage in or repeat the kind of conduct or offence for
which he was found guilty and sentenced.
50. MANNER OF PUBLISHING SENTENCES
All sentences and retractions shall be filed for record purposes. Sentence
as of deprivation or excommunication and retractions shall also be published
during Divine Service in the Cathedral of the Diocese and in the Church
in which the offender habitually ministers and communicated to Bishops
of the other Dioceses of the Church of Nigeria.
CANON XIVA
Of Discipline of Laity
1. OFFENCES
The following shall be the offences for which a lay member of the Church
may be disciplined -
(a) sexual immorality;
(b) conduct giving just cause for scandal or offence, which
shall include the commission of any offence known to law and
any acts which may bring the image of the Church into
disrespect or disrepute;
(c) heresy or false doctrine;
(d) schism or acceptance of membership in a religious
body not in communion with the Church of Nigeria (Anglican
Communion);
(e) apostasy from Christian faith;
(f) violation of the Constitution, Canons and Resolutions
of the General Synod of the Church of Nigeria (Anglican
Communion) or of the Constitution of any Diocese or acts
calculated to subvert either or both Constitutions;
(g) refusal or failure to obey a directive given by the
General Synod through the Primate or the Diocesan Bishop
pursuant to powers conferred by virtue of the relevant
provisions of the Constitution of the Church of Nigeria; and
(h) being a member of a secret society or cult, and failure
or refusal to renounce membership of the same when required to do so
by a Bishop.
2. INVESTIGATION
(1) If a member of the Church is accused of an
ecclesiastical offence, the complaint shall in the first instance
be investigated by a Church Committee appointed by the
Parish Council from outside its membership and the findings
of such Committee shall be submitted in writing to the Vicar.
(2) The Vicar shall review the case
and if he considers
the offence to have been committed, shall submit his
recommendation in writing to the Bishop through his
Archdeacon within one month of the submission of the case to him.
3. BISHOP
The Bishop, after such consultation as he may deem necessary, shall
decide whether the alleged offender shall be subjected to any punishment
and shall notify the Vicar and the Church Committee through the Archdeacon
of his decision in writing before the lapse of two months from the receipt
by him of the recommendation of the submission by the Vicar.
4. PUNISHMENT
The punishment which the Bishop may administer to any
member found guilty of an ecclesiastical offence shall be any of the
following -
(a) ex-communication;
(b) removal from any office held in the Church or Diocese;
(c) disqualification from partaking of the Holy
Communion, or being nominated to Diocesan office, the
Parish Church Council, or any office in the Church or in any
Church Society either indefinitely or for such period as the
Bishop shall think fit;
(d) if the offender be a Lay Reader, Catechist, Warden,
Sides man, member of the Parish Church Council or Diocese,
suspension from office either indefinitely or for such period as
the Bishop shall think fit.
5. DIOCESAN BOARD MEMBER
If any member of the Diocesan Board is alleged to have committed an
ecclesiastical offence in relation to his duties as a Diocesan official,
the Diocesan Bishop shall set up a committee which shall investigate
the allegation against him and submit a report and recommendation to
the Bishop. If the Bishop is satisfied that the allegation has been
proved, the Bishop may impose any punishment prescribed in this Canon.
6. REFERENCE BY BISHOP
The Bishop may at any time on his own initiative, if he has reasonable
cause to believe that any offence specified herein may have been committed
by any person, refer the matter to the Priest in charge of the Parish
Church to which he belongs or at which he worships regularly or to a
Committee of the Diocesan Board appointed by the Bishop. Thereafter,
the provisions of Sections 2, 3, 4 and 5 of this Canon shall apply.
7. STANDING COMMITTEE MEMBER
Where any member of the Standing Committee of the Church is accused
of an offence under Section 1(g) above, the Standing Committee shall
set up a Committee not exceeding three in number which shall investigate
the allegation against him and submit a recommendation to the Primate
who shall, if satisfied that the offence has been committed, impose
any punishment prescribed in Section 4 hereof.
8. APPEALS
(1) All appeals and correspondence as appropriate, shall
be channeled through the Vicar, the Archdeacon, the Bishop,
or the Provincial Archbishop to the Primate.
(2) The decision of the Primate
shall be final.
|