Court nullifies sections of CAMA 2020 for infringing on citizens’ fundamental rights

The Administrative Proceedings Committee in Section 851 of the new CAMA denied the plaintiff his constitutional rights of access to court in Sections 6 (6) (b) and Section 36 (1) of the constitution and also usurped the powers of the Federal High Court under Section 251 (1) (e) of the constitution.

The judge, consequently, struck down Sections 839, 842, 843, 844, 845, 846, 847, 848 and Section 851 of the CAMA 2020, declaring same to be null and void, having been inconsistent with the provisions of the constitution.

The judge, however, agreed that since Ekpenyong did not serve the National Assembly with pre-action notice in line with Section 21 of the Legislative Houses Power and Privileges Act, the suit was incompetent against the legislative organ.

NAN had, on March 21, reported that Justice Inyang Ekwo of a sister court had retrained the CAC from suspending or appointing trustees of the Christian Association of Nigeria (CAN) and the churches.

Justice Inyang Ekwo, in that judgment in a suit filed by the Registered Trustees of CAN, held that the provisions of Sections 17 (1), 839 (1) and (7) (a), 842 (1) and (2), 851 and 854 of the Companies and Allied Matters Act (CAMA), 2020 and Regulations 28, 29 and 30 of the Companies Regulations (CR), 2021 were not applicable to CAN, the churches and other religious body.

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