Very Rev Fr. Don Steve Nnagha is The Judicial Vicar and The Sole Judge
of The Catholic Diocese of Orlu and for a decade now offers a reverential service to Orlu Ecclesiastical Family and The Mother Church. He supervises all aspects of diocesan
administration and services which are concerned with the application and
practice of canon law in the diocese, in a single tribunal with The Bishop. The Legal Adviser had a chat with the
Forum on his challenges, joy and happiness in his journey to prominence. As a
legal pundit he streamlined in details the discrepancies between divorce and
annulment, recent marriage issues and problems and the sacramental effects of
marriage. He harped on the import of the Canon Law, while bewailing on the
general ignorance of it today. This
interview is highly enriching for all and sundry, you can verify…..
CHECK THE BEST HOSTING COMPANY HERE
CHECK THE BEST HOSTING COMPANY HERE
FORUM: May we know you Fr.
VERY REV. FR. DON STEVE NNAGHA ::I am Very Rev. Fr. Don Steve
Nnagha, The Judicial Vicar and The Sole Judge of the Catholic Diocese of Orlu
FORUM: We understand that this is your tenth year as The
Judicial Vicar and The Sole Judge of The Catholic Diocese of Orlu, how can you
describe your experiences so far?
VERY REV. FR. DON STEVE NNAGHA :: I was appointed as The Sole Judge
on the 31st of may 2007 by Most Rev. Dr. Gregory Ochiagha, The
Emeritus Bishop of Orlu Diocese, so exactly 31st of this month, which
is the feast of visitation of The Blessed Virgin Mary will be ten years of my
service to the Catholic Diocese of Orlu as The Judicial Vicar and The Sole
Judge. Within this time my experiences have been mixtures of problems,
challenges and prospects because within these ten years, I have been able to
annul over 100 cases. I have had cases from different parts of Nigeria; I have
done about five cases in overseas especially in USA, about two in London, one
in South Africa and other countries of the world. I have a very strong working
relationship with many dioceses and archdioceses in United States of America
and other Anglo Saxon world. All over Nigeria, am known because we don’t only
serve the Catholic Diocese of Orlu, I have had cases from Owerri, Abuja, and
Calabar and from various jurisdictions in Nigeria. In all parts of Nigeria we
entertain cases and they have been very successful. It has been a very
successful ten years of service for the local church. Within these ten years, I
have written about six published books and about six edited books of Canon Law
Society of Nigeria of which I was The Secretary General for six years; serving
two tenures. I am a member and Secretary for The Board of Trustees of Canon Law
Society of Nigeria. Am happy to serve the church both in internal and external forum,
through articles, curia writings and legal services both pro bono etc. even
other congregations and contracts of missionary cooperation between the church,
the dioceses and religious congregations and so many other curia writings. I
have done various processes in the church that not all canon lawyers have had
the opportunity of doing. Many of my cases have been reported in Rome and were
all successful. None of my cases has been turned down when it went for appeal.
That has been my joy. I have also been able to save many from their marriage
problems and today they are happy and committed to serve the church and the
dioceses in different capacities. I have also trained many people. I have also
been doing matrimonial jurisprudence courses for various canon lawyers and
tribunal officers from various dioceses organized by the CBCN Society on Canon
Law. We organize seminars for them to become effective. Within these ten years
I have contributed my own quota in humble service for The Mother Church.
FORUM : So your positions as the Sole
Judge of Diocese and National Secretary of Canon Law of Society of Nigeria have
been quite tasking and challenging so any insight as to these challenges?
VERY REV. FR. DON STEVE NNAGHA : You know when you talk of Judicial
Vicar and Sole Judge people sometimes think only of marriage cases. Marriage
cases and tribunal cases are just one aspect of the work of the Judicial Vicar.
The Judicial Vicar forms one tribunal with the bishop. He is a legal
practitioner and consultant. He helps the bishop in matters of church’s law, he
is a co-adviser to the bishop; he helps the bishop in arranging the
organizational structure of the church, in personnel, management and
administration of temporary goods. There are so many canonical processes that
will require the expertise and intervention of the judicial vicar. The Judicial
Vicar is like the Attorney General, the Chief Law Officer of the Diocese. In matters
of law and jurisprudence, his opinions weigh so higher. The diocese refers to
him for the interpretation of the laws of the church. It is a weighty responsibility
that does not require only academic knowledge and proficiency but also submission
to the authority of the church, orthodoxy, loyalty to the church and profession
of faith. That is why before he takes up this office there must be a profession
of faith according to canon 833 so that you are not defending only your opinion
but the opinion of the church. Judicial Vicar means that you not only acting in
your name but you are acting in the name of the bishop. In the church, even
though there is no separation between the executive, judicial and the
legislative arms but in judicial matters, a judicial vicar forms one tribunal
with the bishop for the bishop relies on him because of his professional
competence in matters of canon law.
FORUM : So with your position as
An Ecclesiastical Legal Adviser what areas do you think The Church should look into
in terms of legal administration excluding Salus Animarum?
VERY REV. FR. DON STEVE NNAGHA : The number one challenging area is
ignorance. A lot of Catholics are ignorant of canon law, it is when you know
the law that you begin to seek for the protection and defense of your rights. Once
they have rights in The Church, they now begin to look on how to defend these
rights. There is a general ignorance of the canon law especially on the part of
the laity and even the religious. One task is to make canon law at the disposal
of the catholic faithful. The 1983 code unlike the 1917 code has the bill of rights;
the bill of rights that is common to all Christ’s faithful whether they are
clerics, religious or laity. This bill of rights is like the United Nations Chatters
of Right, unfortunately most Catholics don’t know of this bill of rights. This
bill of right is fundamental before you talk of rights of clerics and of the
religious. People should be aware of their rights in the church and how to
protect them and as well their responsibilities because right has a correlation
between responsibilities and duties. If you have a right, you have also a
corresponding duty or obligation. The second challenge is to set up structures
for the protection of these rights. How people can access personnel and experts,
even pro bono, ie free services in other to protect their rights in the church.
The tribunal is an open office and people know the date and time to consult the
judicial vicar. Lay people can be exposed to study the canon law even for their
own knowledge. A priest who does not know canon law is a disaster to the
church. Efforts should be made to train many canon lawyers so they can help out
in different sectors of the church. It can be in administration, council,
financial matters, land matters, religious, Missionary Corporation, immigration,
education, social communication, liturgy and other things that have to do with
the laws of the church. The canon law is thereby at the fulcrum of the various
activities of the church. So you see that we can never have enough canon lawyers.
Priests should be encouraged to study canon law beyond the seminary formation,
for them to do enormous duties and tasks on behalf of the church.
FORUM : Often times people
tend to be misguided by some notions about marriage especially with the
prevalent divorce cases as an expert and scholar what can you say about this?
VERY REV. FR. DON STEVE NNAGHA : Well I think your question refers to the
church’s positions about divorce. The Catholic Church does not accept divorce
as an end. Divorce is tolerated as a means to an end. That is why even in
annulment, civil effects of marriage like inheritance, child support and
properties. You encourage people to protect their rights in civil law so that
in the events of early marriage, separation, or breakdown the parties will be
protected, so divorce is to be tolerated but not to be made a norm. The church
allows divorce when it is like a last option and not the first and when it
tends towards the salvation of souls of the two parties. Instead of allowing
them use violence or threats to kill themselves, at the end what matters is the
supreme law which is the salvation of souls, but divorce is not an end. People
who are divorced are not yet done with The Church; they also need annulment. That is why divorce should lead to annulment
or dissolution of the bond, annulment means that ab initio there was no
marriage. Dissolution means there was a bond but it is dissolved because of something
that is lacking there; the marriage was ratified but not consummated. Divorce should never and will never be allowed
in the Catholic Church. It is merely tolerated.
FORUM : Can you then strike the
difference between divorce and annulment canonically speaking so that people
will understand it very well.
VERY REV. FR. DON STEVE NNAGHA : There are three forms of marriage:
1.
Native law and custom marriage/ traditional
marriage
2.
Canonical marriage or Church marriage
3.
And then you have Civil marriage
Each of these is a form of
marriage and each of this has its effects and the subjects. The native law and
custom marriage has the effect of making sure that parental consent, dowries,
freedom from previous bond (because you cannot marry somebody’s wife) are in
place and respected. Here it involves not only the parties but the two families
and communities are involved. Every aspect of marriage is a public celebration to
avoid clandestine marriage which has been condemned from the middle ages. Civil
marriage according to the constitution protects the two people and make sure
there is no bigamy. The civil law tracks people’s marital status and
identities. It also guarantees their civil rights and natural rights, enforces
and confirms the native law and custom marriage but the canonical marriage
brings up the sacramental effects with the basic bench mark of unity and
indissolubility. Sacramental marriages are indissoluble while this other
marriages can be subject to divorce that is why the high court can dissolve the
first two marriages mentioned above. The native law and custom marriage/the
traditional marriage can be dissolved by the customary right of each community
like return of bride price and breaking calabash according to the customs of
each local community and customary rights. High court can also dissolve civil
marriages and native law and custom marriages but High court has no strict
jurisdiction over canonical marriages because, it has to do with the sphere of
the sacraments, that why even if you do divorce through the high court, you
cannot be readmitted to the sacraments like receiving holy communion unless
there is annulment. So that is why we said that divorce is only a means to an annulment.
If you come to the tribunal for example and you did court wedding, or native
marriage, the tribunal will require you to go and handle the divorce issue
before the annulment comes because the court will determine matters of
properties, inheritance, children, adoption etc. The tribunal or the church court
has no jurisdiction over this, so you need the high court to determine this. If
the marriage was under native law and custom, customary court can handle it
effectively, but customary courts cannot handle jurisdiction of civil marriages
because it is reserved for the high court judge.
FORUM : We also believed so far that you have encountered
so many challenges as a legal adviser which have shaped your personality what
encouraging words do you have for those who are aspiring for the same position?
VERY REV. FR. DON
STEVE NNAGHA : My encouraging word is that first of all I always have job satisfaction, that through my
instrumentality I can restore people’s hope, I can be a dispenser of justice
and mercy, I can act in the name of the church without fear or favor, I can restore
peoples hope in the incorruptibility of the church, I can restore broken
families and homes, and I can restore people status in the church from being
non communicant to become communicant, people who have lost hope by failure of
marriage can be restored back and can aspire to become anything in the church
that is what I do here. When I say that I have annulled over hundred marriages
that means I have given over two hundred people hope, and still maintain their
membership in the Catholic Church. Some of these people in broken homes, if
they don’t see the intervention of The Church, they may tend to join some of
these new religious movements and Pentecostal churches where these things will
not be required and by that act they defect from The Catholic Church, though
not formally. My happiness is that I have been able to touch souls, I can grant
legal separations, I can bring back erring families, I can bring back hope to
the people and there is a co-relationship between failed marriages and failed
occupation/professional satisfaction. I have had people who lost their
promotions because they have marital problems, and once their marital problems
are solved, they soar higher in their occupational and professional statuses.
That is why we not only heal the marriages; we heal the holistic personality of
persons who come to the tribunal. Tribunal is an integrated approach to human
problems. Through the tribunal we give them hope and faith to remain Catholics
and die Catholics. Some of them after the annulment they remarry and before you
know it they may become chairmen parish councils or members of the council in different
parishes, even diocesan pastoral council, members of the knighthood, some even
take titles in the church, the sky then becomes their limit because the limiting
factor of broken homes and marriages have been uplifted from their psyche.
FORUM : So as a legal adviser what is your view with
the recent stand and opinions of civil lawyers especially in this present
political sphere?
VERY REV. FR. DON
STEVE NNAGHA : In law whether it is civil or canon law, of course you know,
both civil and canon law emerged from the Roman law, that is why in Italy today
we have the same faculty of civil law and canon law, and most ecclesiastical
lawyers are civil lawyers. They practice together because various laws come out
of the Roman law. Roman law is the source of every other law, while you know
that every other merely human law brings their origin from natural laws and
divine positive laws, law is an open field but that is when we talk of legal opinions.
That is why in the court, two defendants and advocates have different arguments
and counter arguments, it is now the work of the judge to look at them and evaluate
the theses and antitheses and then you come up with the syntheses. You cannot say any position in law is wrong.
Law has to do with technicalities, locus standi, habeas corpus and incidental
matters. The bulk of the law is open; you can take any position and defend it.
No particular legal position is the correct one; there is so much subjectivism
in law. And that is why in law you talk of judgments and not talking of justice.
Each judge is acting according to the law and the facts before him, even if he
knows the truth, even if he was there when the thing happened, you cannot do
presumption of facts. You can do presumption of law but you cannot do
presumption of facts. Facts as presented by the litigating parties and their councils
that is why the judges say “with the evidence before me”. So lawyers can have
divergent opinions on a particular matter.
FORUM : The effort to stand for and oppose the truth
has been very challenging for lawyers especially in Nigeria today, so what
advice do you have for our legal advisers on this?
VERY REV. FR. DON
STEVE NNAGHA : My advice to legal practitioners is that they should not
sacrifice truth and justice at the altar of expediency and pecuniary interests.
They should look at the man, society and necessity of things, that is why any
lawyer who is motivated by stomach infrastructure will only remain a charge and
bail lawyer and not a good lawyer. Lawyers should be motivated by their jurisprudential
expertise and proficiency, how they are able to interpret the laws and apply it
to individual cases and then at the end it becomes a sound legal opinion to be
quoted and that they can go up to the supreme court and then will still be
upheld than because of pecuniary interests and arbitrary measures leading to
whims and caprices the judge will sacrifice truth and justice at the altar of
expediency and egocentric motivations.
FORUM : It is clearly to me that you are an expert in Canon
Law, so at your priestly ordination, did you ever think of going such far, what
really motivated you to pursue this course to its extreme conclusion?
VERY REV. FR. DON
STEVE NNAGHA : Honestly I must tell you the truth, in my seminary formation;
I loved canon law, and always getting the highest mark in canon law and making
serious contributions. At Seat of Wisdom Seminary Owerri, our canon law
professor then, Rev. Fr. Dr. Martin Elekwachi picked interest in me. So many
questions I ask in the class, he will tell me, “Donatus when you go for the
review of the code in future try to bring up these issues that you call lacuna
in the canon law”. So I was motivated. Few months after my ordination, I had
the privilege of interacting on regular basis with Msgr. Cyriacus Mba my
Venerable Predecessor of happy memory, and he said “Don I see you are
interested in Canon law, am going to talk to the bishop about you” and then
before my first anniversary as a priest, I was picked to go to CIWA to do my
post graduate studies and at the end, Bishop Ochiagha asked me to study Canon
law. I studied Canon law in CIWA from 1996 to 1998, then I went over to Rome
from the 2000 to 2005, I did Licentiate program in Canon law JCL and Rotal
Jurisprudence Degree from the Jesuit Pontifical Gregorian University Rome and
came out successfully. Jurisprudence is
like law school, after your degrees in canon law, you go for jurisprudence
which is the main thing that will help you to practice well as a Canon Lawyer.
When we were doing jurisprudence, we were thirteen and I was the only black and
the only African, and the fourth Nigerian according to when they started the
course in 1979. When I finished, I continued later with my doctorate course and
finished in 2005, and came out with first class honors in canon law, just as my
Bachelors Degree in Theology (BTH) from the Pontifical Urban University Rome at
Seat of Wisdom Seminary Owerri in 1995, with two other persons, in fact the
first of its kind in Theology in Seat of Wisdom Seminary then. I got my
doctorate in Canon Law from the Pontifical Lateran University Vatican City. My doctoral
thesis was THE EQUITABLE SUSTENANCE OF DIOCESAN PRIESTS IN NIGERIA; PROBLEMS
AND PROSPECTS. That is why I have two areas of specializations; jurisprudence,
matrimonium and administrative canon law. I measured in administration in The Church;
how do you sustain diocesan priests in Nigeria; prospects and problems. My
areas are remuneration, sustenance, social security, challenges and prospects
of the local church , investments , why should the church go into investments,
why money in the church, will the church survive only on the flagrant voluntary
offering of the people of God? The church invests in schools, health sectors,
universities, factories and small scale industries etc. Many churches in Europe and America have
extensively invested. The first brewery in the world was built and done by
monks. The Church can venture into mercantile ventures so that The Church does
not only depend on the voluntary offerings of the faithful. Over there, though
many don’t go to church again, but The Church still sustains her, but here we
depend on first and second collection. The Church does not have much investment
here. Check well, you will see the earliest universities in the world were all
owned by The Church. The Church has been the pace setter in terms of education.
That is why priests were called clerics and scholastics, i.e. people that
study.
FORUM : Why do you think these investments are important,
do you have any backing from The Canon Law and also any advice do you have for
The Church in terms of making investments?
VERY REV. FR. DON
STEVE NNAGHA : Even though Canon 286 prohibits priests from practicing commerce
and trade but it does not prohibit The Church. In religious institutes, the individual
members take the vows of chastity, obedience and poverty. In fact if you go to Europe,
religious institutes are the most organized private sectors in the world, they
have money, while the individual members do not own private property. Whereby
the institutes are very rich, because they go into investments, the individuals
are bound by evangelical counsels.
FORUM : Thank you Fr. for this information, so if
you are asked to count your blessings all these years which one will you
mention as the greatest that has ever happened to you?
VERY REV. FR. DON
STEVE NNAGHA : Well, the best thing that has ever happened to me is honestly
the gift of priest hood. In my community Osina, we were not used to go seminary
school not to talk of becoming priests, that is why, Osina of all the places I was
privileged to become the first priest of Osina in 1995 and every other thing I
have today goes back to this gift of priest hood which I didn’t merit but God
used the instrumentality of Bishop Gregory Ochiagha to call me to the priest
hood, and he is the one who also discerned this vocation within a vocation and
fished me out for The Lord and sent me to study Canon Law and then appointed me.
One can study Canon law without being appointed, one thing is to study and
another thing is to be given Missio Canonica,
but by the appointment I was given Missio
Canonica. There are people who studied Canon law but they were not given Missio Canonica by The Church to
practice, and it is this Missio Canonica
that makes you authority in The Church. If you are a free lancer Canon lawyer and
you say something, people may not take you serious, but if it comes from the
office of The Judicial Vicar or The Sole Judge, everybody is bound by canonical
obedience. So I can say that my priest hood is the most motivating thing and every
other thing is secondary to that. I am very grateful to my local ordinaries for
all these years founding me worthy, though
I am unworthy to serve in this capacity for ten years. For me, I have made my contributions
for the Diocese and am ready for any other thing.
FORUM : Thank you Fr., Today many are not even aware
that there is something like Canon law, why many also degrade its significance,
so can you explain to your audience on the why and the need for appreciating
Canon law?
VERY REV. FR. DON
STEVE NNAGHA : Honestly, ignorance of Canon Law I can say also is ignorance
of God, just as we say that ignorance of the scripture is ignorance of God because
in everything we do, whether liturgical, sacramental, administrative,
structural, organizational, religious, educational, missionary, social
communication etc, whatever aspect of our lives as Catholic are regulated by The
Canon Law, so effort should be made to draw it into the ears not only of
priests and religious but all Christ faithful, so that they study it. Christ
faithful who are retired can go and do some courses in Theology and Canon Law
and as Parish Pastoral Councilors or people who work in the parish; it will
help them to do the work effectively because they are informed. Why Canon Law is
not so much emphasized is because of our pecuniary and mercantile attitudes to
studies. People study because of job offer and employment. Some priests even
think that if they study Canon Law they will continue to work inside The Church
in the internal forum all their lives. Some prefer secular courses which will
give them positions in the society and money. If you look at it now, some study
psychology, education etc. because they want to compete in an open field, but
if you study Canon Law you are limited so much to the internal life of The
Church. If you are not recognized and appointed, what will you use your Canon
Law to do, if you stay on your free lance practice what satisfaction will you
get from that? So I guess, this is also one of the reasons why people see this
Canon Law much more as the oriented area, and that is why in Rome before you
are admitted to study Canon Law, your Bishop must write and approve it and also
state what you will use the Canon Law to do after your studies, so you cannot
just go and register to study Canon Law like any other course it must be
approved by your Ecclesiastical Superior and stating the function or work you
will use it to do for the Local Church after your graduation.
FORUM : Many are also of the view that Canon Law
does not possess that visible influence over the activities of the modern era,
do you also subscribe to this?
VERY REV. FR. DON
STEVE NNAGHA : No. You know in a secular country like Nigeria you can feel
like that, but if you go to Europe which is a Christocentric world, Canon Law
is very visible that is why as early as the 13th century, it has
started at the University of Bologna in Italy. I think why some of these
theological and religious studies are low is because of the incursion of Islam
and secular theories in Nigeria. In overseas, many civil law practitioners are
also Canon Lawyers. They open their chambers and offices. There is this
concordance between The Church and the state in matters of so many things. There
is an agreement between the Church Law and Civil Law, so you cannot study and
practice Civil law well without Canon Law. In my University in Rome, it is the
faculty of Canon law and Civil law together. We do many courses together then
you merge, before you decide your area of specialization,that why it is called Utruisque Iuris. I think with time it may change because right
now the bill for ecclesiastical courts in Nigeria has passed second reading at
the senate, there is a bill for establishment of ecclesiastical courts in
Nigeria, at this eight section of the senate that passed second reading and
after third reading now it becomes a law, vis
a vis Sharia Law, so I think with time it may come up. The only problem is
that in Nigeria there are many ecumenical challenges. In 1917 Code, Canon Law
was meant to be for all Christians, but the 1983 code was only for Catholics. So
if you say that Canon Law is only for Catholics that means the subject of Canon
Law are only Catholics or in the two parties one of them must be a Catholic, because
you cannot use Canon Law to adjudicate for two non Catholics, but the 1917 code
claims the restrictions over all Christians.
FORUM : How can the ecclesiastical Law affect the
modern society if approved by The Senate?
VERY REV. FR. DON
STEVE NNAGHA : Well, you know that even in most of our African Countries,
morality and religion are intertwined and you cannot divorce morality and
religion from African Cultures, so that why is Africans are religious in every
aspect even in eating, drinking etc, so everybody in Africa is religious
whether you call it superstitions or being fetish or whatever, the only problem
we have is that there are multiplications of religious affiliations. We have
the mainstream Christians, Anglicans, Catholics, Lutherans and Methodists. We have also the new religious movements,
like the African Independent Church etc. so because of that, it is very difficult
that is why there is no tower of Babel more than Christian Association of Nigeria
(CAN), people from various denominations, even in the Muslim world, there are
different religious sects but their own is less visible but our own is very
much able and clear. So because of this,
we cannot agree to stand. Ecumenical
problems remain the greatest challenge.
FORUM : You made mention of passing of the bill on
the Ecclesiastical Law by the Senate, don’t you think is a way of introducing Sharia
law in Nigeria?
VERY REV. FR. DON
STEVE NNAGHA : Sharia law is already operating in some part of Nigeria. In
all the northern states, Sharia Law has been in existence, that is why Nigerian
marriage recognizes Sharia Law, Sharia Court and Sharia Court of Appeal, Sharia
Law is in the constitution but is for those who are adherents of Islam.
FORUM : Our
Diocese is blessed to have an expert like you in the position of the Sole Judge
of the Diocese, so can you highlight to your audience, your major functions and
the challenges so far in connection to your office?
VERY REV. FR. DON STEVE NNAGHA :
1. My
major function is to assist the Bishop in his work as the Bishop of the
Diocese, legal matters, Church matters, juridical matters etc. these ones
belong to the internal forum
2. Second
are the works that benefit the people so much, like my work in the tribunal, then
marriage cases and processes in the church like that of laicization, dismissal, even canonization of saints, authentication of documents, legal
documents, acting as legal advisers, providing legal portfolios for contracts, oaths
, organization of contracts between the diocese and other institutes, corporate
bodies etc. our work also involves censoring of ecclesiastical documents and
other responses to supra diocesan organs.
FORUM : Can you analyze to
your audience on those predominant cases that always seek for your resolution?
VERY REV. FR. DON STEVE NNAGHA : I have done over hundred cases within these
ten years; some of the cases come from other dioceses even referred to me by
what I call prorogation of competence. I have also had cases allotted to me
from the Vatican from the office called Roman Rota or Signatura Apostolica to
handle and to report back. I have done several cases overseas; I have gone as
far as Houston to interview a client or respondent in Houston Galveston Prison.
We are open to collaboration with many tribunals in the world, but in terms of grounds
of case over here in Africa, the major grounds for our annulment are deceit or
fraud then error of quality then false and fear. Sometimes we have simulations
either total or partial simulation. Partial simulation can be exclusion of
children, exclusion of fidelity, exclusion of indissolubility, while total
simulation is exclusion of marriage, somebody feigns to exchange consent while
in his heart, he withholds that consent. False and fear have to do with
reverential fear of the parents or authorities, somebody married because he or
she was forced by the parents. Another one that comes up now is marrying
because of pregnancy. Somebody did not plan to marry but when a case of pregnancy
comes he or she is forced to marry, that one can go to lack of good discretion
of judgment under canon 1095. In the Anglo-Saxon world; English countries of
common law, the major grounds for annulment is canon 1095 that is the
psychological ground, this psychological ground has three factis species; 1, amnesia;
that is mental illness, it could be depression, mental retardation, personality
disorder, borderline syndrome, schizophrenia etc then number 2. Of the same
canon 1095, is lack of good discretionary judgment, 3. Inability to assume the essential
obligations of marriage due to a psychological sickness, which can come as a
result of dependency syndrome, psychosis, neurosis, and other sicknesses you,
can see in the manual of mental disorder.
FORUM : Recently many
expected The Pope to offer a positive vision for marriage and family life
especially amid the challenges of the contemporary world, so what basic
principles of family and marriage can we find in The Canon Law as promulgated to let the public know about
them?
VERY REV. FR. DON STEVE NNAGHA :
The Pope released a document amoris
laetitia, in this document he seems to propose the possibility of accepting
homosexuals and then allowing divorced Catholics who have not gone through
annulment to receive Holy Communion. He had different Episcopal conferences to
bring their inputs. So, there were 2014 synod and 2015 extraordinary synod.
There were different oppositions from different parts of the world especially Africa
and the cases are still pending. The tradition of the Church has been, if you
are divorced, remarried, or in unstable relationship, you cannot receive Holy
Communion.
In Europe and America today, there are
different forms of marriage and quasi marriages like civil union, a man and a
woman can be living together begetting children without tension of even a
simple court marriage, they share their bills and contribute money, and even take
care of their needs. They can have children or may not have children. They do
not want to be bound by any form of marriage, they will not go to The Church or
The Court to register, some have stable relationship but they will not have
marriage and they feel that anything they do with this stable relationship
outside of marriage is not a sin but here the issue of chastity and continence
is at stake because they will still have sex and do everything and never feel
there is a moral problem. They feel that once they are doing it with that
person it is not a sin, they can receive communion. They don’t need to go to the
church to wed. They don’t care about the sacramental effects of marriage. That
is what secularism and globalization are bringing to The Church. People see
marriage as a cross and not as a crown and they do not want to make commitment
that will hold them. They want to be free. If you want sex, you can meet
anybody and have it and go without any sacramental commitment. Marriage has to
do with responsible parenthood, every relationship must be open to procreation
and education of children, anything outside of this may introduce an artificial
mediation in human sexuality and that is intrinsically evil. These things are
just intertwined; you don’t take them in isolation. It is a response to Humanae
Vitae of Pope Paul the VI where The Church defines that life is a continuum
from fertilization through ovum to procreation, any interruption of the process
of this life is not only illegal but intrinsically evil. That was the highlight
of Humanae Vitae of Pope Paul VI. People challenged it that time and people are
challenging it now, which is why there are these rules about marriage and
family.
FORUM : What advice do you
have for people thrown into marriage because of marriage issues?
VERY REV. FR. DON STEVE NNAGHA : We Catholics have to be realistic
and authentic, most of these things are motivated by pride and ego and the bid
to keep family integrity, that is why people will prefer their daughter to go
and commit abortion instead of having an illegitimate child, reason is that
they are going to bring shame to the family and these are leaders in The Church.
They look at human judgment and covering divine judgment. A girl who
unfortunately has given birth before marriage is better before God and man than
one who has repeatedly committed abortion, even the conscience factor there. If
there are also local polices in the parish where parents are ostracized because
the daughter or their child is a victim of such an experience, the priests or organization
in question should know that they don’t have authority and right to do that. It
is not right also to remove the uniform of any CWO or CMO, if such
eventuality happens, it is not right. Because you cannot prove that the mother
is an accessory to the act. Unless there is an open evidence of scandal or the mother
or father aided and collaborated in that sinful or illegal acts, if not, when
somebody has reached the age of reason, he should answer for himself or for
herself . The parents should not be sanctioned because of the sins of their
children unless there is an evidence of scandal or the parents are responsible,
or maybe they condone it. There are nine ways of sharing in somebody’s sin, if
the person is by virtue of complicity involved, then you can do that. People
make mistakes out of fear when they have such incidences in their families,
especially if they are not properly guided or helped. There is the need for
marriage and juvenile counselors and psychologists who can handle cases like
this. From the priests to the lay faithful we should not crucify people who are
victims of this, we should stop this holier than thou attitude. Priests should
use catechesis to teach and advise their parishioners to stop looking down on
people especially those ones who gave birth before marriage.
FORUM : Can you tell us
what gives you the greatest joy life?
VERY REV. FR. DON STEVE NNAGHA : What gives me the greatest joy
life is being able to help people, The Diocese, The Church, and put smiles on people’s
faces. A lot of people who come to my office are not happy people. Some of them
have nobody to listen to them for a very long time. That’s why patience and
endurance are needed for a very successful judicial work. Here, you have to
listen to them, give them hope, talk with them and encourage them. I don’t
believe that any case is higher than my competence and capacity. I accept cases
all over the world and I have done them. With My Rotal Jurisprudence in the
Vatican, I can run any case anywhere in the world and I have been doing it. My
happiness is when I am able to use my competence and learning and the opportunity
given to me as an ecclesiastical judge to remedy broken hearts.
FORUM : It has been quite
impressive serving these ten years as The Sole Judge of the Diocese so any
parting words as you continue to undertake this task?
VERY REV. FR. DON STEVE NNAGHA: My parting word is this; it is my
life, even if am no longer The Judicial Vicar, I will continue to offer services
to The Church, humanity and to individuals. I love doing it. I love doing
cases, I love helping people, I love people consulting me and knowing what to
do. I am happy doing it. Not only sharing my knowledge but my whole self. My
parting word is that this is my second nature where ever I am. People call me
even when am on vacation. I am very grateful to serve the church. Thank you so
much.
