The Christian Association of Nigeria, (CAN) says it will file a fresh suit against the Nigerian Government to prevent the implementation of certain provisions of the Companies and Allied Matters Act (CAMA) 2020.
The Companies and Allied Matters Act (CAMA) 2020 was signed into law by President Muhammadu Buhari in August 2020.
Also, the leadership of CAN has called for mass prayers as they take the government up in a new legal battle.
CAN had filed the suit following its last year’s rejection of the CAMA 2020, especially as it applies to the regulatory roles the law gave the registrar of Corporate Affairs Commission (CAC) and a supervising minister over churches.
The judge, Inyang Ekwo, in a judgment, dismissed the suit over the failure of the plaintiff to comply with the law in the name used in filing the originating summons.
“Therefore, this application lacks merit and ought to be dismissed and I hereby make an order dismissing same,” he ruled.
The News Agency of Nigeria (NAN) reports that while the incorporated trustees of the CAN is the plaintiff in the suit, the CAC and the Minister of Industry, Trade and Investment are the 1st and 2nd defendants, respectively.
The plaintiff, in an originating summons, marked: FHC/ABJ/CS/244/2021, had prayed the court to determine “whether Section 839, subsections (1), (7) (a) and (10) of the Companies and Allied Matters Act (CAMA), 2020, is inconsistent with Sections 4(8), 6(6)(b) and 40 of the Nigerian constitution which guarantees the plaintiff’s right to freedom of association and the right to seek redress in court”.
It also urged the court to determine whether the provisions of Section 854 of the CAMA are inconsistent with section 39 of the Nigerian constitution which guarantees the right to freedom of expression.
However, during the proceedings, CAN brought an application, praying for an order to amend the originating summons and accompanying processes by replacing the word, “INCORPORATED” with “REGISTERED” in the name of the plaintiff in the suit such that it would read, “The Registered Trustees of the Christian Association of Nigeria.”
The application was filed on the grounds that the name expressed in its certificate of incorporation is the “Registered Trustees of the Christian Association of Nigeria” and not “Incorporated Trustees of Christian Association of Nigeria.”
Justice Inyang Ekwo stated that suing in the wrong name contrary to a statutory provision is statutory non-compliance and is not a mere misnomer to be corrected by the Court, as the court cannot re-write statutory provisions. Consequently, the suit was struck out.
But on Sunday, CAN’s General Secretary, Joseph Daramola, said the organisation would not like to join issues with the Court by going on appeal, because “it would further delay the case.”
Accordingly, he said the religious body has decided to take the option of refiling the case.
“Our lawyers are currently preparing to institute a fresh suit using the proper name of the Plaintiff (CAN) as it is on the Certificate of Incorporation. This is the truth of the matter now.
“What happened in the court was just a temporary setback and by the grace of God, we have overcome it. Our prayers are for the unborn generations and nothing will discourage us from pursuing this case to the logical conclusion,” Daramola stated.
Amongst other reliefs, CAN would be asking the Court to determine “whether Section 839, subsections (1), (7) (a) and (10) of the Companies and Allied Matters Act (CAMA), 2020, is inconsistent with Sections 4(8), 6(6)(b) and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which guarantees the plaintiff’s right to freedom of association and the right to seek redress in court.
“Whether the provision of Section 854 of the CAMA is inconsistent with Section 39 of the CFRN which guarantees the right to freedom of expression.”
It would also be seeking: “An order striking down Sections 839(1), (7) (a) & (10), 842(1) and (2), 843, 851 and 854 of the CAMA for being unconstitutional.
“A declaration that Section 17(2) (a) & (d) of the CAMA demand an impossible and impracticable action; thus, void.
“An Order striking down Section 17 (2) (a) & (d) of the CAMA for being impracticable and unknown to Law.”
2023 battle: PDP Governors in emergency meeting Monday
By Okafor Ofiebor/Port Harcourt
The Peoples Democratic Party, PDP Governors Forum will hold a special meeting on Monday, 17 January, 2022 at the Rivers State Government House, Port Harcourt.
The Director General, PDP Governors Forum, Cyril I.D. Maduabum, said the meeting would review the state of the nation and readiness of the PDP to provide the necessary leadership to rescue and rebuild Nigeria.
“All the elected PDP Governors are expected to attend the meeting to be presided over by the Chairman of the Forum, Rt Hon Aminu Waziri Tambuwal.
“The meeting will be preceded by a Gala night to be hosted by the Chief Host, His Excellency, Governor Nyesom Ezenwo Wike.
“The PDP Governors are working in concert and consultations with other leaders of the party and in particular the Senator Dr. Iyorchia Ayu led National Executive Committee of PDP to craft a credible process and programme for Nigeria’s positive rebirth.”
He explained that Dr Ayu has been invited to attend the Port Harcourt meeting to hold consultations with the Governors on strategies for executing the rescue and rebuild Nigeria project.
Rivers LG chairs destroy illegal artisanal refineries
Okafor Ofiebor/ Port Harcourt
Chairpersons of local governments in Rivers have intensified battle against soot menance with raid and destruction of illegal artisanal refiners in some parts of the state.
In Obio-Akpor Local Government Council, George Ariolu, the chairman and some of his officers have uncovered facilities being used for illegal refining and storage of refined products around Ogbogoro and Eligbam communities of the Council.
Ariolu restated that the battle against soot menace is a battle for everyone and not for government alone to tackle, adding that it is a problem for all considering the environmental and health hazard associated with it.
He told journalists at Ogbogoro waterfront that all hands must be on deck in order to combat the menace of black soot in the State.
There was mild drama and altercation between the Police and officers of the Nigerian Security and Civil Defence Corps, NSCDC, at site of one the depots, Obio-Akpor local government in presence of LGA boss.
The Chairman later accused some security personnel of aiding and abetting culprits involved in the pollution of the environment through their collaboration.
Ariolu advised the public to align with government and security agencies by relaying relevant information that will aid the arrest culprits, as he described the Ogbogoro Waterfront (former Crushrock) as a major depot for the storage of illegally refined petroleum products in the State.
The Chairman who also found an illegal refined petroleum products dump yard at Rumuolumeni Community (Mgboduohia and Minikpete), condemned the Nigerian Security and Civil Defence Corps for their compromise in the fight against illegality.
He called on the State Government to seal, investigate and arraign owners of facilities used to perpetrate such heinous crimes in the society.
Speaking at a radio programme with Raypower 106.5 fm, the Chairman debunked rumours that the fight against illegal refinery operators in the state is political motivated and targeted at a particular sect and tribe in Rivers State.
In the same vein, the Chairman of Etche Local Government Area, Obinna Anyanwu and his team also discovered and dismantled two oil bunkering dump sites located at Akwa and Odagwa waterfronts boundaries between Rivers and Abia States.
Anyanwu was accompanied by security operatives and members of the Etche Local Government TaskForce/Oil Bunkering to the illegal oil dump sites.
Speaking to Journalists shortly after the raid, the Etche Council Chairman assured that his administration will continue to rid the area off illegal crude oil refiners to ensure safety and healthy environment for the people.
The Etche Council Chairman directed the committee in-charge of oil bunkering to collaborate with the security agencies in fishing out anyone who might be involved in illegal oil refining, including those using Etche as a route to transport their illegal refined products to neighboring states.
Anyanwu who expressed concern over the harmful blanket of black soot across the skyline in Rivers caused by illegal crude oil refining, pledged his full support to Governor Wike’s drastic measures in seeking an end to the soot menace.
Likewise in Eleme local government area an enforcement team was led by the Chairman, Obarilormate Ollor in company of security personnel, Eleme Youth Coordinator, Prince N. Okereke,the Chief Security Officer, Brain Gokpa, Special Assistant to the Executive Chairman on illegal bunkering and artisanal mining Mr Chika Alale Oluji stormed some illegal Bunkering sites.
Our Correspondent reports that seven refining points as well as two fully loaded oil badges were discovered and destroyed.
However,beside depots, no illegal refining sites were found at the time of the operation and no arrests have been made.
Shonekan’s death major loss to Nigeria, private sector -Osinbajo
Vice President Yemi Osinbajo has said that the late head of Nigeria’s Interim National Government, Ernest Shonekan, was highly consequential as a leader in the private sector who impacted economic policy in Nigeria.
This is as he described Shonekan’s demise as a major loss to the country.
Osinbajo stated this on Sunday when he paid a condolence visit to the family of the late head of the Interim National Government, in Lagos.
Senior Special Assistant to the Vice President on Media and Publicity Laolu Akande, disclosed this in a statement he signed late Sunday titled ‘Shonekan was consequential as private sector leader, his death a major loss, says Osinbajo’.
The Vice President who visited in company of his wife, Mrs Dolapo Osinbajo, was received at the Ikoyi residence of the Shonekans by the late ING head’s widow, Margaret Shonekan, and the son Adeboye Shonekan.
Osinbajo described Shonekan’s death as “a very major loss for the country and for the private sector and even internationally.
“Here was a man who made an impact. He was one of the very first leaders in the private sector to shape economic policy in Nigeria, and his role in that respect was very significant.”
During the visit, the Vice President also signed the condolence register thus: “We bless the name of the Lord for the excellent life of service to the country and to God, of our leader and father Chief Ernest Shonekan, GCFR.
“We are proud of his contributions to the shaping of the modern Nigerian economy while being a leading light in the private sector. And for his statesmanship and leadership of the country at a time of great uncertainty in our nation.
“His integrity, legacy and high value service will remain evergreen in our memories. We pray that the Lord will comfort the family and may his memory be blessed forever. Amen.”
The Vice President also prayed for the family of the deceased business guru.
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