The Sacred Treasury

Who Owns the House of God?

The Seven Questions Every Religious Institution Must Be Able to Answer

The question is not rhetorical. It has an answer, and the answer is written down somewhere.

Paul Magaji · 18 min

Somewhere in a file in Abuja, or in a deed in a drawer, or in a certificate of occupancy issued in a name that may or may not be the institution's, there is a document that determines who owns the house of God. Most congregations have never seen it. A good number of the people who signed it have died. In more cases than anyone would like to admit, it does not exist at all, and the answer to the question is therefore whatever a court decides some years from now when two groups of people who used to worship together are no longer speaking.

This essay is the institutional limb of The Sacred Treasury. It leaves aside what religious giving means — that belongs to the pillar above it — and asks the narrower question that the law can actually answer. When money and land are gathered in a religious name, in what legal form are they held, who holds them, and what happens to them when the people holding them change.

The examples are drawn from across the traditions present in this country: churches and mosques, endowments and shrines, bodies registered and bodies that never were. The legal structures differ less than one might expect. The failures differ hardly at all.

Act One

The Body That Does Not Exist

Start with a fact that surprises people who have spent their whole lives inside a religious community: in the eyes of the law, most religious communities do not exist.

A congregation is not a legal person. Neither is a fellowship, a ministry, a jama'a, a brotherhood, or a movement. These are gatherings of human beings, and gatherings cannot own things. They cannot hold title, sue, be sued, open an account in their own right, or take a transfer of land. Where an unincorporated body appears to own property, what has actually happened is that one or more individuals hold that property, in their own names, with the community's claim resting on whatever can later be proved about their intention.

That is a trust, whether or not anyone involved used the word. It is also the most fragile arrangement in this entire field, because it depends on the memory and good faith of named individuals and on the willingness of their heirs to accept that the property was never theirs.

Nigerian law offers an exit from that fragility. Under the incorporated trustees provisions of the Companies and Allied Matters Act, a religious body may apply to have its trustees incorporated, and on incorporation those trustees become a body corporate with perpetual succession, a common seal, and the capacity to hold property in the corporate name. The phrase to notice is perpetual succession. It means the entity survives the people. Trustees die, resign, are removed, are replaced; the body that holds the land does not change, because the body is not the trustees. It is the thing the trustees serve.

This is the same move the trust makes, and the same move the waqf makes. Separate the holder from the holding, so that the holding can outlive the holder. Every failure catalogued below is, at bottom, a failure to make that separation or a failure to maintain it once made.

An institution is a structure that survives the person who built it. Anything else is a man with followers.

Act Two

The Seven Questions

What follows is the examination. Seven questions, asked of any religious institution that holds money or property, in this order. They are not accusations. A well-run body answers all seven in a single sitting and thinks nothing of it. A body that cannot answer them is not necessarily dishonest — but it is, in a sense that matters, not yet an institution.

Question 1

Who controls the money?

One signature. Everything passes through a single person, and nobody remembers deciding that it should.

Control means the practical power to move funds: whose name is on the account, how many signatures a withdrawal requires, who may authorise spending without asking anyone, and what threshold — if any — triggers a decision by more than one person.

The common failure is not theft. It is concentration. A body begins small, one person does everything because there is no one else, and the arrangement is never revisited as the sums grow from thousands to millions. By the time anyone thinks to ask, the single-signature account has become the way things are done, and proposing a change now sounds like an allegation.

Concentration is also what makes theft undetectable when it does occur. A structure in which only one person can move money is a structure in which only one person can be believed about where it went.

The test

Name the account signatories from memory. If you cannot, you are not in a position to know whether anything has gone wrong.

Question 2

Who owns the property?

The land is in a man's name, and the man has children.

This is the question that produces the litigation. Land held for a religious body in Nigeria sits in one of four positions, and the difference between them decides everything that follows.

It may be held in the name of the incorporated trustees, which is the sound position: the corporate body holds, the trustees administer, and the death of a trustee changes nothing. It may be held in the personal name of a founder or elder, which is the dangerous position, because on death that land forms part of his estate and his heirs inherit a legal title the community will then have to litigate against. It may be held under a customary or communal arrangement, where the holder's authority is custodial rather than proprietary — a distinction that is clear inside the tradition and frequently invisible on the face of the document. Or it may be held on nothing at all: occupied, built upon, used for decades, with no title of any kind.

Over all of this sits the Land Use Act, which vests land in each state in the Governor and leaves the occupier with a right of occupancy rather than ownership as most people understand the word — and which requires the Governor's consent for alienation. A religious body that acquires land without attending to consent may find, years later, that the transaction it relies on was incomplete in a way no amount of possession cures.

The test

Ask to see the document. Not to be told about it — to see it, and to read the name on its face.

Question 3

What reporting exists?

There is an announcement, and the announcement is treated as an account.

An announcement is a figure read aloud. An account is a record that can be examined afterwards by someone who was not present when the money was received. The two are routinely confused, and the confusion is comfortable for everyone, because the announcement satisfies the emotional need for transparency without producing any of its substance.

Incorporated trustees are required to keep proper accounts and to file annual returns with the Commission. Compliance is uneven, and the practical consequence of non-compliance is usually nothing at all — until the day it is everything, because a body that has never filed has no independent record of its own affairs to point to when its affairs are disputed.

Note what reporting is actually for. It is not principally to catch wrongdoing. It is to make the institution legible to itself, so that decisions taken twenty years ago by people now dead can be reconstructed by people who were not there.

The test

Could someone reconstruct the last three years of this body's finances from documents alone, without asking anyone what happened?

Question 4

May members question expenditure?

Asking is treated as a spiritual failing rather than an ordinary act of membership.

There are two distinct questions here, and they are usually collapsed into one. The first is legal: does a member have standing to demand an account? The second is cultural: what happens to a member who does?

On the legal question, membership of a religious body is not the same as being a beneficiary of a trust, and the rights that attach are narrower than most members assume. What the law does supply is oversight at the register: the Commission may, on the petition of a defined proportion of members and where there is reasonable ground to suspect mismanagement or misapplication of funds, suspend trustees and appoint interim managers. That power was strengthened in the 2020 legislation, and it was contested at the time by religious bodies that saw in it a licence to interfere. Whatever one makes of that argument, the power is there, and its existence tells you where the legislature thought the danger lay.

The cultural question is the one that actually governs. In many bodies the mechanism is available and unusable, because the social cost of using it is being marked as the person who doubted. That is not a legal problem and no statute will fix it. It is a matter of whether the institution has decided in advance that questions are ordinary.

The test

Has anyone asked a financial question in this body in the last two years, and what happened to them afterwards?

Question 5

Is the leader's wealth separated from the institution's?

Nobody can say where one estate ends and the other begins — including, quite often, the leader.

This is the question that gives the series its edge, and it must be asked carefully, because there is nothing improper in a religious leader being wealthy. Leaders write books, hold land acquired before office, marry into means, run businesses, and are in many traditions entitled to be maintained by the body they serve. Wealth is not the issue.

Separation is. The issue is whether the two estates are distinguishable: whether the vehicle is owned by the body or by the man, whether the house is an institutional residence or a personal asset, whether the account that receives donations is the account that pays school fees, and whether any document records the answer.

The reason this matters has nothing to do with suspicion and everything to do with succession. Assets that cannot be distinguished during a lifetime cannot be divided after a death. When the founder of an unseparated institution dies, the community and the family are handed the same problem simultaneously, and neither can resolve it without appearing to accuse the other.

The test

If the leader died tonight, could an outsider with the documents alone say which assets belong to the family and which to the body?

Question 6

What happens when leadership changes?

There is no procedure, so the successor is decided by whoever is standing closest.

Every religious body has a theology of leadership. Fewer have a procedure. The theology says who ought to lead; the procedure says how that person is identified, by whom, within what period, and what happens to the seal, the accounts and the title deeds on the day the office changes hands.

Where the constitution registered with the Commission is silent or notional — copied from a template, never amended, describing a body that no longer resembles the one in existence — the vacancy is filled by whoever has practical control of the assets. Which is to say the question of leadership is settled by the question of custody, exactly backwards.

The three moments that reliably break institutions are the death of a founder, a schism, and a sale of major property. Each is foreseeable. Each can be provided for in advance, cheaply, by people who are not yet in conflict. Almost none are.

The test

Read the registered constitution. Does it describe how the current leader was chosen? If not, it will not describe how the next one is.

Question 7

What prevents family capture?

The trustees share a surname, and no one can point to the rule that says they may not.

Family capture is the terminal condition of the unseparated institution. It rarely arrives by design. It arrives because the founder's household was present at the beginning, took on roles no one else wanted, learned the arrangements no one else understood, and was the only group with standing to act on the day he died.

The structural preventions are ordinary and unglamorous: a trustee board of a size that cannot be composed of one household; a written limit on how many trustees may be related to one another or to the leader; fixed terms with staggered expiry; a rule that related-party transactions must be disclosed and approved by trustees who are not related; and a founder who submits to these while he is still strong enough to override them.

That last condition is the whole thing. A constraint adopted by a founder at the height of his authority is an institution being built. A constraint imposed on him after his powers have faded is a fight, and the fight is usually lost by whoever cares most about the institution and least about winning.

The test

Count the trustees. Count the surnames. If the second number is small, ask what written rule prevents it from becoming one.

Act Three

What the Traditions Already Knew

It would be a mistake to read the seven questions as a modern imposition on ancient institutions. The traditions themselves designed against exactly these failures, and did so a very long time ago.

The waqf is inalienable. Its corpus cannot be sold, given away or inherited; its manager administers without owning; its beneficiaries are fixed by the founder at the moment of dedication. Every one of those features is a defence against a failure named above — against sale under pressure, against capture by the administrator, against the drift of purpose across generations. The founders of that instrument were not naive about human beings. They had watched endowments disappear.

Custodial title in ancestral practice does the same work by a different route. The custodian's authority to hold is religious, and precisely because it is religious it is not proprietary: he cannot sell what he holds, because holding it is an office rather than an asset. The difficulty in our law is not that this arrangement is unsound. It is that the register does not have a column for it, so custodial holdings are forced into proprietary forms and lose their protections in translation.

And the common law trust, arriving at the same design centuries later, separates legal from beneficial ownership for the identical reason: the person holding other people's wealth is the person most likely, over time, to come to think of it as his own.

Three traditions, three vocabularies, one insight. The danger is not that the holder will be wicked. The danger is that the holder will be human, and will remain in place for thirty years, and will gradually stop being able to see the line.

Act Four

The Answer to the Title

So: who owns the house of God?

Where the trustees have been incorporated and the title stands in the corporate name, the answer is clean. The body owns it. Not the founder, not the trustees, not the congregation as individuals, and not the family — the body, which is a legal person with an existence of its own, administered by trustees who hold office rather than property. That is what incorporation buys, and it is the reason the paperwork is worth the trouble.

Where it has not been done, the answer is: we will find out. Possibly in a court, possibly after a death, possibly a decade from now, at a cost that will exceed by many multiples what the arrangement would have cost to put right at the beginning. The community will be told that the matter is complicated. It is not complicated. It was simply never decided.

None of this touches the question of what the giving meant. A person who gave sacrificially to build a house of worship gave to an idea, and the idea is not diminished by the discovery that the structure holding its proceeds was defective. But the idea does not hold land. An institution holds land, and an institution is a set of arrangements — written, registered, capable of being examined — that continue to operate on the day the founder is no longer there to be asked.

The seven questions are simply the examination that any such arrangement can survive. A body that answers them is not a body under suspicion. It is a body that has decided to outlive the people currently running it.

The house of God is owned by whoever the documents say owns it. The documents do not read intentions.

Descend · Who Owns the House of God?

This sub-pillar states the examination. The ten essays below work each question through the instruments Nigerian law actually supplies.

Also in this cluster

God, Mammon and Caesar — the pillar above this one, on the four treasuries and what giving in the name of God means. What a Trust Actually Is · Why Trusts Fail · CAMA Incorporated Trustees · Funding a Trust with Land · Family Business Succession.

A note on how this series is written

This publication does not adjudicate theology. It does not rank traditions and it does not characterise any belief as true or false; where a doctrine is described, it is described as its adherents describe it. No institution, leader or family is named unless the fact stated is drawn from a public court record, a public register, the institution's own published statement, or a matter of public record so notorious that omitting it would be evasive. The object of criticism throughout is the structure that produced a transaction, never the person who entered it.