News
Court nullifies sections of CAMA 2020 for infringing on citizens’ fundamental rights
A Federal High Court (FHC), Abuja has nullified some sections of the Companies and Allied Matters Act (CAMA), 2020 which were considered to infringe on the fundamental human rights of the Nigerian citizens.
Justice James Omotosho, who struck out the sections in a judgment, held that the plaintiff, Mr Emmanuel Ekpenyong, had a locus standi to institute the suit on the subject matter.
The News Agency of Nigeria (NAN) reports that Ekpenyong, an Abuja-based legal practitioner, had in a 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 Aug. 31, 2020, the lawyer prayed the court to determine whether he had the locus standi to institute the proceeding.
“Whether the provisions of Sections 839, 842, 843, 844, 845, 846, 847, 848 and 851 of the Companies and Allied Matters Act infringes on the plaintiff’s right to thought, conscience, and religion as enshrined in Section 38 of the 1999 Constitution (as amended).”
Ekpenyong urged the court to further determine whether those sections infringed on his freedom of peaceful assembly and association as enshrined in Section 40 of the 1999 Constitution.
He also prayed the court to determine whether the provisions on the Administrative Proceeding Committee in Section 851 of CAMA, 2020 was inconsistent with the provisions of Section (6)(6)(b) and Sections 36(1) and 251(1) (e) of the 1999 Constitution.
He asked the court to determine whether the court had powers to grant mandatory injunctive reliefs against the defendants.
The lawyer, therefore, prayed the court to void the affected sections, having infringed on his fundamental human rights.
In a counter affidavit dated and filed January 20, 2021 by counsel to the CAC, Olasoji Olowolafe, the commission described the suit as “an abuse of judicial process.”
According to the commission, the action is academic, hypothetical and of no utilitarian value to the plaintiff.
CAC, which argued that the case was not backed by any credible evidence, prayed the court to dismiss it.
The National Assembly, in its preliminary objection, also contended that the suit was incompetent because pre-action notice was not served on them and that the plaintiff had no locus standi.
Besides, the AGF argued that the suit did not have a reasonable cause of action, while insisting that the plaintiff lacked locus to file the matter.
Ekpenyong, however, filed a reply on points of law, among others, to counter their arguments.
Delivering the judgment, Justice Omotosho held that under Article 3 (e) of the Preamble to the Fundamental Rights (Enforcement Procedure) Rules, anyone could bring fundamental human rights matters on his own interest, on behalf of another person or even in public interest.
The judgment, which was delivered on Tuesday, was sighted on Friday by NAN.
According to the judge, under the new human rights regime, a court shall not dismiss a human right action for mere want of locus standi.
He, therefore, held that the plaintiff in the case had locus to institute the suit.
Justice Omotosho held that the powers granted to CAC to regulate and administer Incorporated Trustees in Nigeria under Sections 839, 842, 843, 844, Section 845, Section 846, Section 847, Section 848 of the CAMA 2020 had infringed on Ekpenyong’s right to freedom of thoughts.
He also held that the sections infringed on the conscience and religion as enshrined under Section 38 of the constitution and freedom of peaceful assembly and association enshrined under Section 40 of the constitution and are therefore null and void.
He also held that the provisions of 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.
NAN
The General Officer Commanding, GOC, 6 Division of the Nigerian Army, Maj. Gen. J H Abdusallam has vowed that the Nigerian Army will continue to conduct operations in Okuama community, Ughelli South LGA of Delta State, until its equipments and arms which were allegedly carted away by hoodlums are recovered.
“We will continue to conduct operations until our equipments and our arms that were carted away are recovered,” the GOC declared while addressing journalists on Tuesday.
He remembered with sadness how troops were brutally murdered in Okuama community in March 2024.
Abdusallam denied reports that the Army invaded the community on Monday.
“This is nigeria. I don’t understand when you say Nigerian Army invaded a place. When Nigeria Army go to operations in a place it is called operations. Why do you say it’s invasion?
“If we are conducting normal military operations in other places, it’s normal military operation not invasion. So it’s normal military operation that the military went to conduct in Okuama not invasion.”
President Bola Ahmed Tinubu has directed the National Emergency Management Agency (NEMA) to provide immediate assistance to victims of the devastating flood in Maiduguri, the Borno State capital.
The flood, described as the worst in recent decades, has displaced thousands of residents and affected critical facilities such as the Post Office and Maiduguri Teaching Hospital.
In a statement issued on Tuesday by his special adviser on information and strategy, Bayo Onanuga, the President expressed deep concern over the disaster, triggered by the overflow of the Alau Dam, and extended his condolences to the government and people of Borno State, particularly families who have lost their livelihoods.
He called for the immediate evacuation of people from affected areas and assured Governor Babagana Umara Zulum of federal support to address the humanitarian needs of the affected population.
As relevant authorities assess the damage, President Tinubu pledged to mobilize federal resources to support the state during this challenging time.
“President Bola Tinubu expresses deep concern about the flooding in parts of Maiduguri, the capital of Borno State.
“The worst flood in recent decades has displaced thousands of residents and affected facilities such as the Post office and the Maiduguri Teaching Hospital.
“President Tinubu extends his heartfelt condolences to the government and people of the state, especially to the families that have lost their means of livelihood due to the disaster triggered by the overflow of the Alau Dam.
“While relevant authorities are still assessing the damage wrought by the flood, the President calls for the immediate evacuation of people from affected areas.
“President Tinubu assures Governor Babagana Umara Zulum that the Federal Government is ready to collaborate to address the immediate humanitarian needs of the affected people.
“He orders the National Emergency Management Agency to assist the flood victims.
“The President remains committed to mobilising federal resources to support the state during this difficult time”, the statement said.
The Ebonyi State Governor, Francis Ogbonna Nwifuru, has empowered 95 Ebonyians drawn from the 13 Local Government Areas of the state.
The beneficiaries spent over two months outside Ebonyi State at their training centre in Agbani, Enugu State, where they were trained in fishery, poultry, piggery farming and business management skills.
Governor Nwifuru while receiving the trainees at the State Executive Chamber yesterday, September 9, 2024, registered his utter delight at the fact that the trainees were persistent and focused – staying away from home for over two months to acquire vocational skills.
In a statement released by the Special Assistant to the Governor New Media, Leo Ekene Oketa, the governor expressed satisfaction that the empowerment is channelled at beneficiaries who have been trained. As such, the funds will be judiciously and purposefully utilized.
Through an open application to the State Executive Council by the Honourable Commissioner for Human Capital Development – Hon. Mrs. Ann Aligwe, which was approved, the Governor pronounced the empowerment of 95 of the trainees with Three Million Naira (3,000,000.00) each, for them to set up farms and practice what they learnt.
According to the Commissioner, 100 persons were nominated, but some left the camp because of their unwillingness to spend over two months outside home. Others cited different reasons. The Governor reminded the 95 beneficiaries that they will be monitored to ensure proper use of the funds. The training is under the aegis of Francis Ogbonna Nwifuru Empowerment Programme (FONEP) – the pilot batch.
The Department of State Services (DSS) says its operatives did not unlawfully invade the Socio-Economic Rights and Accountability Project (SERAP) office in Abuja.
On Monday, SERAP said the DSS agents were “unlawfully occupying” its office in Abuja, adding that they had demanded to see its directors.
The group had asked President Bola Tinubu to direct the DSS to end the harassment, intimidation, and attack on the rights of Nigerians.
In a statement on Tuesday, the DSS said its operatives were lawfully detailed on routine investigation to the SERAP office in Abuja.
The secret police said they have been inundated with multiple enquiries on what transpired.
“This narrative is inaccurate and misleading in its intent,” the statement reads.
“For the records, a team of two (2) unarmed Service operatives were lawfully detailed on routine investigation to SERAP office in Abuja, which has sadly been skewed and misinterpreted as unlawful, harassment and intimidation of SERAP officials.
“The Service further wishes to state that such official enquiries and liaison are traditional and does not in any way amount to illegality or raid.
“While it assures of in-depth investigation of these malicious contents, it sues for citizens’ participation in national security management.”
The DSS asked the public to disregard “false narratives”, restating its commitment to professionalism in discharging its core mandate with utmost dedication and integrity.
The Inspector General of Police, through legal officer S.O. Ayodele from the Federal Criminal Investigation Department, Alagbon Close, Ikoyi, Lagos, has filed a two-count charge of obtaining money by false pretenses and theft against Nigerian businessman Ebi Otisaye Ogionwo.
In the charges presented before the Federal High Court in Lagos, Ayodele alleges that in 2022, Ogionwo fraudulently obtained $300,000 from Mr. Oluwatosin Adefila of Beltzemo Nigeria Limited. The funds were purportedly meant to finance an oil trading business, but this representation was false.
The charges against Ogionwo are in violation of Section 1 (1) (c) and punishable under Section 1 (3) of the Advance Fee Fraud and Other Related Offences Act 2006.
The two count charge as filed before the court.
Count one:
That you, Ebi Otsaye Ogionwo “M” sometimes in 2022,in Lagos, within the Judicial Division of this Honorable Court, did by false pretence and with intent to defraud obtained the sum of Three Hundred Thousand Dollars (S300,000:00) from one Mr. Oluwatosin Adefila of Boltzemo Nigeria Limited under the guise of using the said funds for financing Oil Trading Business, a representation you knew to be false and thereby committed an offer contrary to Section 1(1)(c) and punishable under section 1(3) of the Advance Fec,raud and other Related Offences Act 2006, Laws of the Federation of Nigeria.
Count two:
That you Ebi Otsaye Ogionwo “M” on the same date, time and place, and in the aforementioned Judicial Division of the Federal High Court, did steal the sum of Three Hundred Thousand Dollars ($300,000.00) from one Mr.Oluwatosin Adefila of Belztzemo Nigeria Limited and thereby committed an offence contrary to section 383 and punishable under section 390 (9) of the Criminal Code Act,Cap C 38,Laws of the Federation of Nigeria,2004.
Meanwhile, 14th of October, 2024 has been fixed for the arraignment of the defendant.
A Federal High Court in Abuja on Monday ordered that Taofeeq Osunmakinde, a traditional ruler in Osun, and four others be remanded in Kuje Correctional Centre over alleged illegal gold mining.
Justice Emeka Nwite, who gave the order after the defendants were prosecuted by the Attorney-General of the Federation (AGF), directed them to be remanded pending the perfection of their bail conditions
Oba Osunmakinde were arraigned alongside Sheu Mustapha, Sabiru Hashim, Danbaba Ibrahim and Ade Olap Global Resources Limited.
The defendants, who were alleged to have committed the offence in Lege Community, Odigbo Local Government Area of Ondo State, were preferred with two counts.
The News Agency of Nigeria reports that Oba Osunmakinde is the Obawore of Ifetuntun in Ife Central Local Government Area of Osun.
The AGF accused the five defendants of conspiring with others at large on Aug. 25 to engage in the illegal mining of gold at the Ogunlepo mining site in Lege community, Odigbo local government area of Ondo State.
The alleged offence is said to be contrary to Section 3 (6) of the Miscellaneous Offences Act 2004 and punishable under Section 1(8) of the same Act.
The monarch and co-defendants were also alleged to have undertaken gold mining on Aug. 25 without lawful authority contrary to Section 1(8) of the Miscellaneous Offences Act and punishable under the same Act.
All the defendants pleaded not guilty to the charge.
Counsel to the AGF, Toluwalope Ojo, then asked for a trial date.
Although lawyer Ojo did not object to the bail of the accused persons, he, however, requested the court to compel them to deposit their international passports with the court.
Lawyer to the defendants, Vincent Ododo, who moved consolidated bail applications for his clients, prayed the judge to admit them to bail on various grounds.
Part of the grounds he cited was that the 1st defendant was a well-known traditional ruler and that the charges against them did not carry capital punishment while also assuring that the defendants would not fail to appear in court for trial.
Justice Nwite, in a short ruling, admitted them to bail in the sum of N20 million each with one surety in the like sum.
The judge ordered that the sureties must be resident in Abuja with ownership of landed property and must produce a three-year tax clearance certificate.
He also ordered that the defendants must deposit their international passports along with three copies of each of their recent passport photographs with the deputy chief registrar of the court.
The Judge ordered that they be taken to the correctional facility pending their bail perfection.
The matter was adjourned until Sept. 26 for trial.
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