CAN files fresh suit against CAC, minister on controversial CAMA 2020
CHRISTIAN Association of Nigeria (CAN) has allayed the fears of faithful over the suit it filed against the Corporate Affairs Commission and Minister of Trade, Industry and Investment on the controversial Companies Allied Matters Act (CAMA), 2020.
It said it has chosen the option of filing the case afresh using the proper name of the plaintiff (CAN) as it appears on the Certificate of Incorporation.
Justice Inyang Ekwo had dismissed the suit over failure of the association (the plaintiff) to comply with the law in the name used in filing the originating summons.
The court held that the proper name of the plaintiff is ‘The Registered Trustees of Christian Association of Nigeria’, as stated on the plaintiff’s Certificate of Incorporation, as against ‘The Incorporated Trustees of Christian Association of Nigeria’, and that the court is unable to allow replacement of the name on the originating process.
At the sitting, the court delivered the ruling on the plaintiff’s application for amendment of originating summons. Ekwo stated that suing in the wrong name, contrary to 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. The suit was accordingly struck out.
However, in a statement in Abuja, yesterday, CAN’s General Secretary, Joseph Daramola, argued that the Companies and Allied Matters Act, 2020 states clearly under Section 825(a) that registration of all associations must contain the words, ‘Incorporated Trustees of…’
He said: “We will not like to join issues with the court by going on appeal because it would further delay the case. Accordingly, we decided to choose the other option of re-filing 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 logical conclusion.”