Introduction

Tithing is an ancient religious practice deeply rooted in Christianity and Judaism, where believers contribute a portion of their income to the church. In Nigeria, where religion wields significant influence, many Christians adhere strictly to the doctrine of tithing whether by faith – fear of the unknown o religious piety. But what happens when a worshipper mistakenly transfers ₦5 million instead of ₦500,000 as tithe – and same excess of erroneously transferred from her account to the man of God? Should the church, the Pastor and or the recipient of the excess return the excess, or is it irretrievably in “God’s account”?
Recently, cases have emerged where individuals accidentally send large sums of money to churches or pastors account, only to be told by the pastors that “God has collected the offering”, leaving them with no recourse – even when a requisition for a return is made in that regards. This article critically examines the propriety or otherwise of recovering mistakenly paid tithe from theological and legal standpoints within the Nigerian context.
The Theological Perspective: Does God Accept Mistaken Offerings? From a biblical spectrum or standpoint, the art of giving to the church or pastor as a tithe offering is an act of worship and faith. However, does God accept offerings given in error or does the crocodutus principle apply to such excess? A close examination of Scripture suggests that mistakes in giving do not necessarily bind the giver or the recipient.
1. Biblical Precedents on Offerings and Restitution The Bible acknowledges situations where mistaken giving or wrongful acquisition of wealth requires restitution:
• Leviticus 6:1-5 states that if someone unintentionally takes or keeps something wrongly, they must restore it in full.
• Exodus 22:1-3 emphasizes that even when money or property is wrongly acquired, it should be restored with interest.
• 2 Corinthians 9:7 says, “Each of you should give what you have decided in your heart to give, not reluctantly or under compulsion.” If a giver mistakenly pays more than intended, this scripture suggests that the excess was not a matter of intent.
Thus, the principle of intentionality in giving is crucial. A mistaken donation lacks conscious volition, making it inconsistent with the spirit of tithing. If God truly loves a cheerful giver (2 Cor. 9:7), would He demand a believer to suffer financially due to a genuine error?
2. Moral Obligation of Pastors and Churches
A critical ethical question arises: Should a pastor refuse to return an overpaid tithe, claiming that God has received it?
• Christ himself commanded fairness and justice. In Luke 19:8-9, Zacchaeus, a tax collector, pledged to return anything wrongly taken.
• The Bible warns against exploiting others in Proverbs 20:10, which condemns dishonest scales and unfair dealings.
The act of the church – (I don’t want to know the church); and the pastor refusing to refund an obvious overpayment borders on exploitation rather than divine appropriation. If Jesus instructed Zacchaeus to make restitution, how much more should a pastor ensure financial justice in the house of God?
The Legal Perspective: Is There a Right to Recover the Money? In Nigeria, the law provides remedies for mistaken payments, including those made as religious donations.
1. The Law of Mistake in Contract and Restitution A tithe payment, whether digital or cash, is legally a gift, but where a mistake is involved, it raises questions under the doctrine of unjust enrichment.
• Mistake of Fact: Under Nigerian law, a mistake of fact occurs when a person unknowingly transfers money in error. If someone intended to pay ₦500,000 but mistakenly transferred ₦5 million, this is a fundamental mistake, making the excess amount recoverable.
• Unjust Enrichment: The principle of unjust enrichment holds that no one should unjustly benefit at another’s expense. A church that refuses to return money wrongly sent is unlawfully enriched, which courts can remedy.
2. Key Legal Precedents
• In Afolabi v. Polymera Industries Ltd (1967), the Supreme Court ruled that money paid under a mistaken belief must be refunded if the recipient had no valid legal claim over it.
• Sections 20 and 23 of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015 criminalize financial exploitation and fraudulent retention of mistakenly transferred funds.
• Banking and Financial Regulations: The Central Bank of Nigeria (CBN) guidelines allow banks to reverse mistaken transfers, provided evidence is given. If the church refuses a refund, a petition to the bank may lead to recovery.With these legal provisions having been identified, should you still be suffering under the auspices of one funny and none-existing Holy Spirit?
Flee away from oppression, speak Out; make efforts to reach your Lawyer, reach out to “Hungry and Angry Radio outfit”, reach out to very dark man and related folks; –the goal is to legally collect what the fake Holy Spirit and your pastor took away from you and would not want to have same honorably returned to you. You need not to be afraid of anything, for the records your pastor is not above the law and nobody is above the law. Our duty is to put your pastor in the witness box and ask him some few love questions.
3. Can You Sue a Pastor or Church? Yes. Under contract and tort law, a person can sue to recover mistaken payments where:
• The church and or Pastor, should be notified promptly and you should always do it as soon as the mistake arising from the mistake is noticed; as a matter of fact – you are advised to record the pastor’s call and the conversation that arose between you.
• There was no intent to make such a large donation.
• The refusal to return the money constitutes unjust enrichment or fraud.
Even if the church claims “God has taken the money”, the court will only recognize tangible transactions, not spiritual appropriation.
Philosophical and Social Considerations The argument that “God has taken the money” raises fundamental moral and societal issues:
• If a bank mistakenly credits a pastor’s account with ₦10 million, will he refuse to return it, claiming God has taken it?
• Does God endorse injustice when someone loses their life savings due to a financial error?
• How does this affect the credibility of Nigerian churches, especially when public confidence in religious institutions is dwindling due to financial controversies?
A refusal to refund such money undermines the church’s role as a beacon of morality and fairness. It also raises the need for greater financial accountability in religious institutions.
Conclusion: Between God, Morality, and the Law Both theologically and legally, there is no valid justification for withholding a mistakenly overpaid tithe. While giving to God is a noble act, mistakes in financial transactions should not be exploited under religious pretexts. The law supports recovery, and biblical principles advocate justice and restitution.
If a pastor refuses to refund excess money, claiming divine appropriation, does this align with Christian teachings, or is it a manifestation of greed and manipulation? This is a question Nigerians must ponder as religious institutions continue to wield enormous influence over financial and moral decisions.