A non-governmental organization, NGO, has written a notice to the Corporate Affairs Commission, CAC, asking the Commission to restrain itself from implementing some parts of the newly amended Companies and Allied Matters Act, CAMA as well for the national assembly to expunge same, as they are not only inconsistent with the provisions of the constitution of Nigeria but are aimed at strangulating NGOs in the country.
The letter, dated Monday, August 31, 2020 was addressed to the Registrar General of the CAC and signed by Chief Malcolm Emokinivo Omirhobo with the title- Re-Pre-action Notice of Intention to Sue the Corporate Affairs Commission in Pursuit to Section 17(1) and (2) of the Companies and Allied Matters Act, 2020.
See details of the letter:
“I am a patriotic Nigerian citizen and an Activist. I do hereby in my personal capacity as a Barrister and Solicitor of the Supreme Court of Nigeria with the commission to defend the Nigerian Constitution at all times, as a member of the Board of Trustees of Malcolm Omirhobo Foundation, a corporate body registered under part F of the Companies and Allied Matters Act, , 2020 and in the interest of the Nigerian Public, notify the Corporate Affairs Commission of my intention to institute a legal action against her in a Court of competent jurisdiction challenging the provisions of section 839(1)(a)(b)(c)(2)(3) of the Companies and Allied Matters Act of 2020 which is inconsistent with the provisions of sections 1 (1)(3), 36, 38 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and in so doing 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.
“My intention is predicated upon the fact that the provisions of section 839(1)(a)(b)(c)(2)(3) of the Companies and Allied Matters Act, 2020 which empowers the Commission to suspend trustees of an association and appoint interim managers to manage the
affairs of the association without any form , legal framework or regime is not sustainable or reasonable justifiable in a democratic society.
“In the circumstance, I urge the Commission to restrain from implementing the aforementioned provisions of the Companies and Allied Matters Act, 2020 and write to National Assembly to expunge same from the extant Act within the next thirty (30) days of your receipt of this letter, failing which I shall be constrained to take legal action against the Corporate Affairs Commission in a court of competent jurisdiction without further recourse to the commission praying the Court for Interpretation and construction of sections 1 (1)(3), 36. 38. 40, 45, of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and the provisions of section 839(1)(a)(b)(c)(2)(3), vis a vis the powers of the commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association.
“PLEASE TAKE NOTE AND NOTICE IS HEREBY GIVEN TO YOU that in my intended action against the Commission I shall be seeking inter alia the following reliefs:
“(A) 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.
“(B) A DECLARATION that there is no form , legal frame work and /or regime in Nigeria regulating associations, foundations, clubs, churches, charitable and cultural bodies .
‘(C) A DECLARATION that by the combined provisions of sections 1 (1)(3), 36, 38 , 40 and 45 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and section 839(1)(a)(b)(c)(2)(3) of the Companies. and Allied Matters Act of 2020 the powers given to the Commission is ultra vires , oppressive , draconian , illegal , unlawful and unconstitutional .
‘(D) AN ORDER OF COURT expunging section 839(1)(a)(b)(c)(2)(3) of the Companies and Allied Matters Act of 2020 for being ultra vires, illegal, unlawful and unconstitutional.
“(E) AND FOR SUCH ORDER OR ANY OTHER ORDER(S) as the Honourable Court may deem fit to make in the circumstances of my case.
‘I trust that in the interest of justice, equity and good conscience the Commission will do the needful as required in a democratic society.”