Court Dismisses CAN’s Suit Over CAMA
The Christian Association of Nigeria (CAN) on Friday lost its case against the Corporate Affairs Commission and the Minister of Industry, Trade and Investment.
Justice Inyang Ekwo of the Federal High Court, Abuja has, in a judgment, dismissed the suit over the failure of the plaintiff to comply with the law in the name used in filing the originating summons.
“Therefore, this application lacks merit and ought to be dismissed and I hereby make an order dismissing same,” he declared.
The News Agency of Nigeria reports that while the Incorporated Trustees of Christian Association of Nigeria is the plaintiff in the suit, the CAC and the Minister of Industry, Trade and Investment are 1st and 2nd defendants respectively.
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The plaintiff, in an originating summons marked: FHC/ABJ/CS/244/2021, had prayed the court to determine “whether Section 839, subsections (1), (7) (a) and (10) of the Companies and Allied Matters Act (CAMA), 2020, is inconsistent with Sections 4(8), 6(6)(b) and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which guarantees the plaintiff’s right to freedom of association and the right to seek redress in court.
“Whether the provision of Section 854 of the CAMA is inconsistent with Section 39 of the CFRN which guarantees the right to freedom of expression,” among others.
Part of the reliefs sought by the plaintiff include “a declaration that Section 839(1), (7) (a) and (10) of the CAMA are inconsistent with Section 40 of the CFRN and thus unconstitutional, null and void.
“A declaration that Section 839(1), (7) (a) and (10) of the CAMA are inconsistent with Section 4(8) of the CFRN and thus unconstitutional, null and void.
“A declaration that Section 839(1) and (7) (a) of the CAMA are inconsistent with Section 36(1) of the CFRN and thus unconstitutional, null and void.
“A declaration that Section 839(1) and (7) (a) of the CAMA has a direct effect on the judicial power of the court under Section 6(6) (b) of the CFRN, and Is therefore void.
“An order striking down Sections 839(1), (7) (a) & (10), 842(1) and (2), 843, 851 and 854 of the CAMA for being unconstitutional.
“A declaration that Section 17(2) (a) & (d) of the CAMA demands an impossible and impracticable action; thus, void.
“An Order striking down Section 17 (2) (a) & (d) of the CAMA for being impracticable and unknown to Law.”
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However, in the course of the proceedings, CAN brought an application, praying for an order to amend the originating summons and accompanying processes by replacing the word, “INCORPORATED” with “REGISTERED” in the name of the plaintiff in the suit such that it would read, “The Registered Trustees of the Christian Association of Nigeria.”
The application was filed on the grounds that the name expressed in its certificate of incorporation is the “Registered Trustees of the Christian Association of Nigeria” and not “Incorporated Trustees of Christian Association of Nigeria.”
It stated further that in the originating summons, the plaintiff’s name was inadvertently expressed as “Incorporated Trustees of the Christian Association of Nigeria.”
“This error in the plaintiff’s name was as a result of the inadvertence of counsel.
“The error in the plaintiff’s name is what we seek by this application to rectify,” it added.
The plaintiff argued that it was an oversight on the part of the counsel who prepared the draft of the processes.
In its counter affidavit, the CAC had opposed the plaintiff’s suit, challenging the propriety of the constitution of the parties and competence of the plaintiff.
It argued that “The Incorporated Trustees of the Christian Association of Nigeria;” as a non-juristic person, was unknown to law to institute and maintain the action.
“The plaintiff is not an entity registered under the Companies and Allied Matters Act and not one otherwise recognised as being vested with statutory rights of incorporation and bereft of the requisite locus standi, legal capacity or competence to sue and maintain this action eo nomine against the 1st defendant.
“The certificate of incorporation, Exh. P1, is a certificate of Christian Association of Nigeria and not the plaintiff.
“The plaintiff being the party invoking the jurisdiction of this Honourable Court is not a juristic person and incompetent to do so.
“The amendment which the plaintiff seeks is not one to cure a mere misnomer but an amendment to give life to the originating processes by substituting a non-juristic person with a juristic person.
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“The originating process of the plaintiff is incurably defective and cannot be cured by an amendment.
“This court cannot by an order, breathe life on an otherwise lifeless and/or non-existent entity.”
The CAC insisted that granting the application would change the character of the case and would be prejudicial to it.
Delivering judgment, Justice Ekwo said he had taken a look at the certificate of incorporation of the plaintiff attached to the origination summons as Exh. P1 and found that the name on the certificate is ‘The Registered Trustees of Christian Association of Nigeria.”
“Further peruse shows that the certificate was issued under the regime of the Land (Perpetual Succession) Act, Cap. 98 of the 1958 LFN on 19th December, 1986.
“This means that the plaintiff was registered before CAMA first came into effect in 1990.
“With this evidence, it means the plaintiff can only sue and be sued in the name on the certificate issued to it on 19th December, 1986,” he said.
He cited a previous case to back his stand.
“There must be consequential order in the circumstance of this case.
“The originating processes in the name of ‘The Registered Trustees of Christian Association of Nigeria’ cannot stand.
“Similarly, it is my opinion that this ruling has therefore also resolved the issue in the preliminary objection of the 1st defendant too.
“I find that the plaintiff did not comply with the law in the name used in filing its originating summons.
“Therefore, this application lacks merit and ought to be dismissed and I hereby make an order dismissing same,” he ruled.
The judge added that the ruling affected the foundation of the case going by the defect in the name by which the plaintiff commenced the matter.
“I therefore make an order striking out the entire case. This is the order of this court,” Ekwo held.
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Robbers Loot N30m Goods At Ikota Shopping Complex
. Owners Report Security Firm To Police
For about two decades, Dr. Helen O. Eto, CEO, Superior Mobile Investment Ltd and iClick Gadgets, has been doing business peacefully at Ikota Shopping Complex which borders Victoria Garden City (VGC), Lekki Peninsula, Lagos. The shopping facility is run by HFP Engineering Ltd.
However, robbers struck at the complex that has about 1,850 shops in the early hours of March 7th, 2023. Finesse Security Ltd guards claimed that they forgot to lock the gate of the facility, allowing the hoodlums to cart away about N30 million phones and other goods from Mrs. Eto’s freshly restocked shop.
Lamentingher ordeal to the police in Ajah and Panti, Yaba, Mrs. Eto said : “We took bank loans for the business plus our life savings all of which are gone. This is a wicked plan against us in our old age with children still in school, other dependants and various bills.
“We plead that the police should help us to get to the bottom of the looting to save us from early deaths as our BPs have shot up sharply because this is our main source of livelihood. A list of the goods looted from the shop was/is attached to my statements at Ajah Police Station and SIB, Yaba.”
Omokioja Julius Eto, Chairman, Editorial Board of The Daily Times and a media consultant, corroborated his wife’s account. Eto, a former Associate Editor of The Guardian and Editor-in-Chief of The Trumpet, said: “The robbery is shocking because the security gate is inaccessible even to shop owners at night, our shop is just a stone’s throw from the gate and it would have taken about at least two hours to cut through the shop’s security system.
“This makes us to strongly see the guards as the main suspects. We were not immediately notified by the security firm or the facility managers (HFP) of the robbery which we only got to be aware of at about 8.20am through one of our employees.”
A former Editor of The Daily Times, Eto who has also worked as a senior editor at the Punch and Thisday, added: “Since the break-in on March 7 till today March 30, Finesse Security Ltd has not called to sympathize with us but has been evading our calls and texts to its MD whom we learnt travelled abroad after the robbery.
“We have been doing everything to support the police investigation despite our predicament and hope they will bring the culprits to justice.”
Arrest Interim Govt Plotters Now – Governors
Governors of the 36 states have asked the Department of State Services (DSS) to arrest and prosecute those involved in a plot to put in place an interim government as part of moves to truncate the nation’s democracy.
Condemning the move, the governors under the auspices of the Nigeria Governors’ Forum assured of their commitment to continue in the defence of Nigeria’s democracy as elected leaders.
In a statement on Friday by NGF Chairman and Governor of Sokoto State, Aminu Tambuwal at the end of the 4th meeting of the Governors, he warned the DSS against issuing statements without arrest as that amounts to heating the polity.
Tambuwal said, “The Forum deliberated extensively on the alleged plot by some unscrupulous elements to install an interim government, as contained in the recent statement issued by the Department for State Services (DSS). Governors condemned in the strongest terms, any unconstitutional means of regime change and pledged its commitment to continue to defend Nigeria’s democracy as elected leaders.
“In addition, the Forum believes that issuing statements without arrests is akin to heating up the polity and causing unwarranted tension in the country. It called on the DSS to do its job by immediately arresting and prosecuting all those involved in the plot as a matter of urgency.”
Recall that the DSS had on Wednesday confirmed rumours that a section of the political class was planning for an interim government in order to truncate the result of the recently-concluded general elections.
The Spokesman for the DSS, Dr. Peter Afunanya in a statement said that the agency had identified some key players in the plot for an Interim Government in Nigeria but did not give the names of the masterminds.
The agency had said that the planners of the interim government had already held several meetings, during which they weighed many options to actualize their plot including sponsoring endless mass protests across Nigerian cities, securing a warrant to declare a state of emergency or a court injunction to stop the inauguration of the executive and the legislature at the federal and state levels.
BREAKING:Lagos Govt Arraigns Chrisland School, Principal, Others Over Death Of Pupil Whitney Adeniran
The Lagos State government has arraigned Chrisland School, Opebi, its principal, vice principal and two other employees over the death of one of the school’s pupils, 12-year-old Whitney Adeniran.
On Wednesday, the government of Lagos State had filed charges against Chrisland School and four others over the death of the 12-year-old pupil, Whitney Adeniran.
The school and its workers were accused of involuntary manslaughter and reckless and negligent acts.
The workers who were arraigned before Justice Oyindamola Ogala of the Lagos State High Court in Ikeja include Ademoye Adewale, Kuku Fatai, Mrs Belinda Amao, Nwatu Ugochi Victoria and Chrisland School Limited.
The school principal, Mrs Belinda Amao, broke down in tears while in the dock as the court and counsel tried to agree on a date for the commencement of the trial.
Whitney died during the school’s inter-house sports competition at Agege Stadium in Lagos on February 9.
Blessing Adeniran, her mother, had accused Chrisland of negligence over her daughter’s death.
The school’s management, however, dismissed insinuations that there was foul play in the death, saying she slumped in public.
Chrisland also argued that Whitney complained about “not-too-buoyant health” a few days before she died.
However, an autopsy conducted at the Lagos State University Hospital (LASUTH) confirmed that the deceased died from “asphyxia and electrocution”.
In the charges filed on behalf of the state government by the Director of Public Prosecution (DPP), Babajide Martins, who disclosed that their negligence killed Whitney because they failed to ensure her safety.
The charge also disclosed that they all acted in a reckless and negligent manner that endangered human life.
The offences are contrary to Sections 224 & 251 of the Criminal Law, C17, Vol.3, Laws of Lagos State, 2015
If found guilty, the offences carry a penalty of life imprisonment and two-year jail terms respectively.
On Tuesday, the state government granted access to Chrisland High School, Opebi branch, to open for physical learning ahead of the school’s forthcoming examination after parents’ appeal.
The state governor, Babajide Sanwo-Olu had ordered that the school be shut down on March 3, 2023, following the investigation into Whitney’s death.
Sanwo-Olu through the state Ministry of Education said the closure of the school would pave the way for unhindered investigation and afford all stakeholders, including parents, students, staff and friends of the deceased, time to grieve.
The reopening followed an appeal by the Parents of all Chrisland School Units who visited the Ministry of Education on Monday to seek the government’s understanding for “the sake of 500 plus students some of whom also have terminal examinations.”
The management of the school had tendered an apology over Whitney’s death.
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