By Onyewuchi Ojinnaka
Lagos-based lawyer and activist, Chief Malcolm Emokiniovo Omirhobo, has notified the Corporate Affairs Commission (CAC) of his intention to institute a legal action against the commission in a court of competent jurisdiction challenging the provisions of Section 839(1)(a)(b)(c)(2)(3) of the Companies and Allied Matters Act of 2020.
According to him, Section 839(1)(a)(b)(c)(2)(3) is inconsistent with the provisions of Sections 1 (1)(3), 36, 38 and 40 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and in so doing a gross violation of the fundamental rights of Nigerians to fair hearing, freedom of thought, conscience and religion and right to peaceful Assembly and Association as enshrined and guaranteed by the Nigerian Constitution.
He is challenging the Companies and Allied Matters Act, 2020 (CAMA 2020) in his personal capacity and as a member of the Board of Trustees of Malcolm Omirhobo Foundation, a corporate body registered under part F of the Companies and Allied Matters Act, 2020 and in the interest of the Nigerian Public,
Chief Malcolm Omirhobo, a solicitor of the Supreme Court of Nigeria with the commission to defend the Nigerian Constitution at all times, averred that his intention to sue CAC is predicated upon the fact that the provisions of Section 839(1)(a)(b)(c)(2)(3) of the Companies and Allied Matters Act, 2020 which empowers the Commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association without any form , legal framework or regime is not sustainable or reasonable justifiable in a democratic society.
Consequently, he is urging the Commission to statim restrain from implementing the aforementioned provisions of the Companies and Allied Matters Act, 2020 and at the same time, write to National Assembly to expunge same from the extant Act within the next thirty (30) days of receipt of this letter; failing which ” I shall be constrained to take legal action against the Corporate Affairs Commission in a court of competent jurisdiction without further recourse to the Commission, praying the Court for Interpretation and construction of Sections 1 (1)(3), 36. 38. 40, 45, of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and the provisions of Section 839(1)(a)(b)(c)(2)(3), vis a vis the powers of the Commission to suspend trustees of an association and appoint interim managers to manage the affairs of the association.
The notice of intention to institute a legal action addressed to The Registrar General, Corporate Affairs Commission, Plot 420, Tigris Crescent, off Aguiyi Ironsi Street, Federal Capital Territory, Abuja, reads: “RE-PREACTION NOTICE OF INTENTION TO SUE THE CORPORATE AFFAIRS COMMISSION IN PURSUANT TO SECTION 17(1) AND (2) OF THE COMPANIES AND ALLIED MATTERS ACT, 2020.
“PLEASE TAKE NOTE AND NOTICE IS HEREBY GIVEN TO YOU that in my intended action against the Commission I shall be seeking inter alia the following reliefs:
“A DECLARATION that the Commission in the exercise of its functions with respect to the regulation, registration and formation of companies, business names, associations, etc cannot act outside the power donated to it by the enabling law.
“A DECLARATION that there is no form , legal frame work and /or regime in Nigeria regulating associations, foundations, clubs, churches, charitable and cultural bodies .
“A DECLARATION that by the combined provisions of Sections 1 (1)(3), 36, 38 , 40 and 45 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Section 839(1)(a)(b)(c)(2)(3) of the Companies and Allied Matters Act of 2020, the powers given to the Commission is ultra vires , oppressive , draconian , illegal , unlawful and unconstitutional .
“AN ORDER OF COURT expunging Section 839(1)(a)(b)(c)(2)(3) of the Companies and Allied Matters Act of 2020 for being ultra vires, illegal, unlawful and unconstitutional.
“AND FOR SUCH ORDER OR ANY OTHER ORDER(S) as the Honourable Court may deem fit to make in the circumstances of my case.
