Lawyer Drags Nigerian Government To Court, Wants Controversial CAMA Law Reviewed
A lawyer, Layi Ademokoya, has approached the Federal High Court in Abuja to seek an order to compel the Nigerian Government to review the controversial Companies and Allied Matters Act, 2020.
President Muhammadu Buhari had on August 7 signed CAMA into law.
Under the law, religious bodies and charity organisations will be strictly regulated by the Registrar-General of Corporate Affairs Commission and a supervising minister.
CAMA provides that the commission may by order suspend the trustees of an association or a religious body and appoint an interim manager or managers to coordinate its affairs where it reasonably believes that there had been any misconduct or mismanagement or where the affairs of the association are being run fraudulently or where it is necessary or desirable for the purpose of public interest.
In a suit filed on Wednesday, Ademokaya asked the court to void some portions of the Act for being in conflict with the constitution of the Federal Republic of Nigeria.
The National Assembly, Corporate Affairs Commission and Minister of Trade and Investment were cited as defendants in the suit marked FHC/ABJ/CS/1035/2020.
The legal practitioner argued that the provisions contained in Section 839 of CAMA 2020, particularly sub-section 2 and 11 usurp the discretionary powers of the court and breaches citizens right of fair hearing as provided for under section 36 of the constitution of the Federal Republic of Nigeria 1999 (As amended).
He said the provision in sub-section 2 mandated the court to give an order without recourse to the discretionary powers of the vourt or right of fair hearing for the other party that can be affected by the decisions of the commission.
“The provisions of Section 839 sub-section 1-3 are in contravention of the vonstitution of the Federal Republic of Nigeria 1999 (as amended) and the Federal High Court Act LFN 2004,” he said.
Ademokoya stated that only the judiciary can interpret law through courts and not the Minister of Trade and Investment or Corporate Affairs Commission.
He maintained that the discretionary powers of the courts cannot be shared with the executive arm of government.
He went further to pray the court to declare unconstitutional, null and void the portions of CAMA that he complained about and a declaration that the provisions of section 839 sub-sections 2, particularly of the Act be amended or expunged with immediate effect.
Legal News AddThis : Documents :
lawyer drags CAMA to court .pdf Original Author : SaharaReporters, New York Disable advertisements :
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