Lawyer Asks A’Court to Set Aside Judgment on CAMA 2020 Act

A legal practitioner, Emmanuel Ekpenyong, has approached the Abuja division of the Court of Appeal to set aside the judgment of the Federal High Court which nullified some sections of the Companies and Allied Matters Act (CAMA), 2020, for infringing on the fundamental rights of the citizens. Specifically, the appellant is asking the appellate court to reconsider the position of the trial court that some sections of the act were not binding on the National Assembly.

Justice James Omotosho of FHC, Abuja, had, on April 18, nullified some sections of CAMA, 2020 which were considered to infringe on the fundamental human rights of the Nigerian citizens, following a suit filed by Ekpenyong.

The lawyer had in the suit marked: FHC/ABJ/CS/1076/2020, sued the National Assembly, Corporate Affairs Commission (CAC) and the Attorney-General for the Federation (AGF) as 1st to 3rd defendants respectively. In the originating summons dated and filed on August 31, 2020, the lawyer prayed the court to determine whether the provisions of Sections 839, 842, 843, 844, 845, 846, 847, 848 and 851 of CAMA infringed on his rights to thought  conscience, and religion as enshrined in Section 38 of the 1999 Constitution (as amended), among others.

Delivering the judgement, Justice Omotosho agreed with Ekpenyong that the powers granted to CAC to regulate and administer Incorporated Trustees in Nigeria under Sections 839, 842, 843, 844, 845, 846, 847 and 848 of CAMA 2020 infringed on his right to freedom of thoughts.

The judge, who held that the lawyer had locus to institute the suit, struck down Sections 839, 842, 843, 844, 845, 846, 847, 848 and Section 851 of CAMA 2020, declaring same to be null and void, having been inconsistent with the provisions of the constitution.