A human rights lawyer, Malcolm Omirhobo, has given the Corporate Affairs Commission (CAC) 30 days to expunge sections of the Companies and Allied Matters Act (CAMA), 2020 or face legal action.
In a letter dated 21st August, 2020, Omirhobo demanded the CAC to send the Act to the National Assembly to expunge Section 839(1)(a)(b)(c)(2)(3) of the CAMA, 2020, which he said “empowers the Commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association without any form of legal framework or regime.”
The lawyer said the section was inconsistent with the provisions of sections 1 (1)(3), 36, 38 and 40 of the Nigerian Constitution, 1999, as amended, and a “gross violation of the fundamental rights of Nigerians to fair hearing, freedom of thought, conscience and religion and right to peaceful Assembly and Association as enshrined and guaranteed by the Nigerian Constitution.”
Omirhobo said he will be seeking among other reliefs: “a declaration that the Commission in the exercise of its functions with respect to the regulation, registration and formation of companies, business names, associations, etc cannot act outside the power donated to it by the enabling law.
“A declaration that there is no form, legal frame work and /or regime in Nigeria regulating associations, foundations, clubs, churches, charitable and cultural bodies.”
Reacting the Director-General of the CAC, Garba Abubakar (SAN) said the commission will not be distracted by such threats from any group or individuals, adding that as lawyers as well, the commission is not afraid of going to court.
Abubakar said, “this law is made for all Nigerians. If somebody is operating his organization in the manner prescribed by law, why should he worry?”
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