Federal High Court, sitting in Kaduna, has struck out the suit filed by former Northern CAN Chairman, Reverend Yakubu Pam and former Secretary, Elder Sunday Oibe, challenging the emergence of Reverend Joseph John Hayab as Chairman of the Northern chapter of the Christian Association of Nigeria.
The court, delivering its judgment on Thursday, held that the body in whose name the action was instituted lacks the legal capacity to sue or be sued.
In the judgment, Justice H. Buhari stated that Northern CAN, as described in the suit, is not recognised in law as a juristic person. The same has not been registered and therefore cannot initiate any action before a court of competent jurisdiction in that name.
The judge added that only properly incorporated bodies possess the corporate legal identity required to institute or defend a lawsuit in their corporate name.
Meanwhile, briefing journalists, Counsel to the 2nd Defendant, Dr. Grace E. Kaka Esq., explained that the court affirmed the legal position that unincorporated associations cannot activate judicial processes in their organisational names.
She said that the court’s decision has laid to rest the existing litigation and, at best, that the leadership tussle was an internal affair of the association.
According to her, the judgment reinforces the long-standing legal principle that any association seeking to approach the courts must be duly registered under the Companies and Allied Matters Act (CAMA) in Nigeria, adding, “the court’s pronouncement leaves no ambiguity about the status of the current leadership of the Association led by Reverend Hayab, having been validly elected into office on 25th February, 2025.”
In other news, the Northern chapter of the Christian Association of Nigeria (CAN) has condemned the rising wave of insecurity across the country, describing the recent incident in Kwara State and the killing of a Military General as painful reminders of the severe security challenges confronting both citizens and security personnel.
The Association expressed deep sorrow over the recent attack on a Christ Apostolic Church (CAC) in Kwara State, which left worshippers killed and several abducted, while also condemning the killing of a senior military officer, a General, in Borno State by ISWAP terrorists, and the abduction of school children in Kebbi State.
In a statement on Wednesday, the Chairman of Northern CAN, Reverend Joseph John Hayab, said the association stands in full solidarity with the victims, their families, and the affected communities during this difficult period.
He noted that the pain and trauma experienced by families who have lost loved ones or have children in captivity cannot be overstated. Rev. Hayab stressed that Northern CAN is praying for comfort for the bereaved, divine healing for the injured, and the safe return of all abducted persons.
While commending the Nigerian Armed Forces for their sacrifices, the association warned that the resurgence of terror attacks appears to be a deliberate attempt to further destabilise the country. It urged the military not to allow these incidents to dampen their morale.
Hayab called on the new security chiefs and troops to intensify their operations and demonstrate a renewed determination to defeat insurgents, bandits, and other criminal networks threatening national peace.
