Fr. Daniel Evbotokhai
The movement from the pulpit to the state draws the attention of the general public to the relationship between the church and the state. When discussing this relationship we are compelled to reaffirm the existence of corporation, autonomy, and independence. The church and the state have organizational structures, but their designs and goals are fundamentally different. While the state creates connections and institutions that are at the service of the temporal common good, the church addresses the spiritual needs of the faithful. Based on their respective purposes, the autonomy and independence of the Church are particularly clear.
However, the mutual autonomy of the state and the church does not necessitate a division that forbids corporations. Therefore, they both serve the same social vocation and desire for a good, meaningful and peaceful society. Is there a corporation that is devoid of conflicts? The search for one is not different from a wild goose chase. For this reason, the legal interactions between the state and the church have significantly shaped how stable channels of communication and mutual relationship are defined. Even though the church and the state have had years of heated disagreement; they have equally maintained mutual relationship for years. And so, it is not surprising that God’s minister can double as the democratic elected prime minister of a state.
The just concluded state elections which is described as the most keenly contested poll in Nigeria’s contemporary political history, leaves us with an indelible impression not only in the heroic manifestation of the youths but in the rise of a priest as a governor-elect. “Can a priest vie for election?” “Can a Catholic priest continue to celebrate mass after being elected as a state governor?” “Who will be the first lady of the state?” These questions and many others recently flooded my inbox on account of a post I made on my Facebook page (Father Daniel) celebrating the victory of Rev. Fr. Hyacinth Alia who was declared the Governor-elect of Benue State. Beyond that level, his rise to prominence sparked a lot of heated debates. The summary of it all is the basic question, “What is the stand of the Church in this matter?”
Issuing the obligations and rights of clerics; Canon 285 § 2 of the 1983 Code of Canon Law, states that “Clerics are to avoid those things which, although not unbecoming, are nevertheless foreign to the clerical state.” In addition, § 3 stated clearly that “Clerics are forbidden to assume public offices which entail a participation in the exercise of civil power.” Here, “Civil power” is interpreted to include legislative, administrative and judicial authority. Clerics are prohibited from serving as a governor, mayor, judge, senator and the likes. The canon is concerned with the exercise of public authority. Therefore, it is not out of place for clerics to take up advisory positions in any of these areas. Little wonder, priests serve in public offices despite these prohibitions. Fr. Hyacinth Alia has become a case study simply because the governorship office involves the exercise of civil power. And so, William Avenya, the Bishop of the Catholic Diocese of Gboko suspended Rev. Fr. Hyacinth Alia from public ministry. Interestingly, the Bishop noted that “the canonical suspension takes effect from the moment it is communicated to him and lasts until he ceases from contumacy.”
By this suspension, Fr. Hyacinth Alia can no longer exercise his priestly duties publicly (for and with others). In fact, he loses the faculty for the celebration of the sacraments except privately and at the danger of death according to the provisions of can 986 § 2 which states that; “in urgent necessity, any confessor is obliged to hear the confessions of the Christian faithful, and in danger of death, any priest is so obliged.” It is important to note that the confessor referred to is a bishop or, if he has the necessary faculty, a presbyter; while the terms “any priest” includes those who lack the faculty to absolve. In this light, can. 976 explains clearly, that “even though a priest lacks the faculty to hear confessions, he absolves validly and licitly any penitents whatsoever in danger of death from any censures and sins, even if an approved priest is present.” So, is Fr. Hyacinth Alia still a priest? Yes, he is! He is a priest forever in the order of Melchizedek but lacks faculty to exercise his power until he ceases from contumacy.
Contumacy or contempt of court, is an obstinate disobedience of the lawful orders of a court. Since priests are not allowed to pick up public offices with the exercise of civil power, Fr. Hyacinth Alia is guilty of obstinate disobedience. Contumacy is commonly divided into true and presumptive. True contumacy takes place when it is certain that the citation was served, and the defendant without just cause fails to obey the terms of such citation. Presumptive contumacy occurs when there is a strong presumption, though it is not certain, that the citation was served. The case of Fr. Hyacinth Alia is a true contumacy as established in the letter that was released by his Bishop. It reads; “I write to communicate to you the suspension of my priest, Revd. Fr. Hyacinth lormem Alia from public ministry after series of admonitions to him Ex Can. 1371, 2° CIC” So, he was warned but willfully persisted with his intent. However, his suspension ceases the very moment he abstains from using his civic authority or engaging in party politics.
More so, a question was asked in the comment box of that post; “who will be the first lady?” As a quip, I responded; “The Blessed Virgin Mary” (Laughter). For a fact, the office of the first lady or first gentleman of the president, governor or other elected offices is an informal, but accepted title. The current first lady is Aisha Buhari who has held the title since 29 May 2015. The Constitution of Nigeria does not create an office for her or a potential first gentleman. On one of his visits to Germany, President Muhammadu Buhari on 14th October, 2016 responded to the BBC interview with his wife, Aisha, saying jocularly; “I don’t know which party my wife belongs to, but she belongs to my kitchen and my living room and the other room.” This simply affirms the absence of the office of the first lady. Therefore, it is important to distinguish between what is common and what is constitutional. In Nigeria, the office of the first lady is common not constitutional. What is common does not necessarily become constitutional, but what is constitutional is common by default. Therefore, having a first lady is not required by law for Fr. Hycinth Alia and his suspension does not nullify his vow of celibacy. He is still a celibate priest, he was not laicized.
All eyes are on Fr. Hyacinth Alia; those who have elected him into office and at large the entire people of Benue are highly expectant that a priest can make a difference. For the record, it is important to note that before the rise of Fr. Hyacinth Alia, Benue state had witnessed the emergence of a priest as governor – the person of Very Rev. Fr. Moses Orshio Adasu elected on the Social Democratic Party (SDP) platform. Fr. Moses was commonly applauded for his developmental strides until he left office due to the military coup of 1993 when General Sani Abacha came into power.
Despite having abundant mineral resources and agricultural resources, the people of Benue continue to live in utter poverty. In the last decade they have suffered untold hardship, manslaughter, rejection, especially from the Fulani herdsmen and Boko Haram terrorists. Many of them have departed their homeland to other places for solace and refuge. As a matter of fact, Edo North in the last few years has been populated by the Tivs and Idomas (Benue State). They are hard-working people, religious and great farmers. They have increased the population of our churches and the beauty of our worship. In farming, they have been so wonderful and have brought about the prominence of Benne seeds (Sesame) among the people of Edo North. Will they return someday to their homeland? The ball is in the court of Fr. Hyacinth Alia.
As a priest, Rev. Fr. Hyacinth Alia is sympathetic, understanding, and aware of the difficulties of the state’s citizens. The sermons he voiced from the pulpit need to be put into practice. The beautiful and eternal lines he related from the sanctuary seek to be executed. Although he is barred from sacred service, he is however challenged to fulfill his Christian obligations and represent Christ in all of his interactions. Therefore, in order for him to succeed, he needs to work hard to dissipate the petty issues and attitudes that have long caused the people sorrow. He needs to be aware of those political titans who may want to utilize his leadership for their own gains. We believe he will make the necessary connections for the industrialization of the state and the total well-being of the people. Best wishes Fr. Hyacinth Alia.
