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.”
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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BREAKING: Govt Increases Salaries Of University Lecturers, Others
In a bid to improve the lot of tertiary education, the Federal Government has increased the salaries of the lecturers and non-academic staff in the nation’s public universities.
The increase was approved by the National Salaries, Wages and Income Commission.
This includes payment of a newly approved percentage increment in salaries for academic and non-academic staff of all Federal Government’s tertiary institutions in the country.
This is as the percentage increment for junior staff of tertiary institutions was raised from 23.5% which was reviewed last year to 25%. Our correspondent gathered that the arrears of the increment from January 2023 will also be paid.
Though nothing was said about the withheld salaries of the academics and non-academics who embarked on strike in 2022, it was learnt that the Minister of Education, Professor Tahir Mamman, earlier wrote the Chairman of the NSIWC, Ekpo Nta, to demand the status of the collective.
According to sources within the Ministry of Education, the decision of the minister to write the NSIWC might not be unconnected from visitations by some of the academic unions and intervention by some pressure groups.
When asked if polytechnic lecturers were aware of the new development, the National President of the Academic Staff Union of Polytechnics, Dr. Anderson Ezeibe, said that the union heard of the news and were looking forward to the implementation.
“Definitely, we heard of it and we are looking forward to it. There will be 25% increment for junior lecturers while chief lecturers and professors will benefit from 35% increment,” he said.
The National Vice-President of the Academic Staff Union of Universities, Prof. Chris Piwuna, disclosed that such a letter would be addressed to the management of universities and not ASUU.
A letter by the Chief Executive Officer/Chairman of the NSIWC, Eyo Nta, which was addressed to the Minister of Education on September 14,2023 shortly before his departure to the United Nations General Assembly in New York
tagged ‘RE: Implementation of the 35% and 23.5% salary increment for staff of tertiary institutions,’ reads: “I refer to your letter No. FME/IS/UNI/ASUU/C.I/IT?/90 dated 8th September 2023 in respect of the above-subject. Find attached the circulars pertaining to the four salary structures in the Universities, Polytechnics and Colleges of Education for your information (attached).
“The 23.5% earlier reflected in our letter SWC/S/04/S.149/I/59 of 28 July 2022 and stated in paragraph 2 of your letter, has been increased to 25% which accounted for the increased cost implications. This Commission is really pleased with the success your informal discussions have achieved. We shall endeavour to support all your efforts aimed at repositioning the Education Sector. Please accept the assurances of my warm regards.”
Consequently, the commission proceeded to issue a circular also dated September 14, 2023 and addressed to the Chief of Staff to the President, Femi Gbajabiamila, Office of the Head of Civil Service of the Federation, Office of the Accountant General of the Federation among others informing them of the implementation of the newly reviewed salaries.
The circular reads: “ The Presidential Committee on Salaries at its 13th meeting having taken into consideration the various stages of collective bargaining in various sectors, and specifically engagements between the Federal Ministry of Education and Tertiary Institutions-based Unions, and consequent upon the Federal Government’s approval, as well as 2023 budgetary provisions, approval is hereby conveyed for the revision of the Consolidated Polytechnics and Colleges of Education Salary Structure for academic staff of Federal Polytechnics and Colleges of Education, with effect from 1st January 2023.”
Also, a letter from the Office of the Auditor General of the Federation dated September 21, 2023 which was made available to our correspondent on Friday in Abuja confirmed the increment.
The letter which was signed on behalf of the Director, Human Resource of the office, Ajanaku F.O reads, “I am directed to inform you that the Presidential Committee on Salaries at it’s 13th meeting having taken into consideration the different stages of collective bargaining in various sectors and specifically engagements between the Federal Ministry of Education and Tertiary Institutions-based Unions and consequently the Federal Government’s approval, is hereby conveyed as revised for the following:-
“Consolidated Polytechnics and Colleges of Education Salary Structure for Academic Staff of Federal Polytechnics and Colleges of Education with effect from 1st January, 2023.
“Consolidated Tertiary Institutions Salary Structure II for non-Academic Staff of Federal Universities, with effect from 1st January, 2023.
“Consolidated Tertiary Education Institutions Salary Structure for non – Academic Staff of Federal Polytechnics and Colleges of Education, with effect from 1st January, 2023.
“Consolidated University Academic Salary Structure II (CONUASS II) for Academic Staff of Federal University with effect from 1st January, 2023.”
Canada’s Dallaire Institute Invites Nigerian Security Personnel For Elite Child Protection Training
The Dallaire Institute for Children, Peace and Security, a global leader in preventing the recruitment and use of children in armed violence, has invited two members of Nigeria’s security forces to participate in its first regional lead trainers course on child protection. The course will run from September 25 to 29, 2023.
Maj. Edwin Okpala (rtd), a chartered mediator, and a disarmament, demobilization and reintegration expert at the Martin Luther Agwai International Leadership and Peacekeeping Centre, and Capt. Grace Watirahyel Samuel, will join other members of the armed forces, police, and civil society groups from the Democratic Republic of Congo, Rwanda, Sierra Leone, Mozambique, South Sudan, and Uganda for five days of theoretical training and scenario – based simulation in Rwanda.
Organized through the Dallaire Institute’s Africa Centre of Excellence, the course, which is specifically for previously trained facilitators, will be delivered by lead facilitator Maj. Musa Donald Gbow, the first-ever child protection advisor in an African Union peacekeeping mission and a master trainer for the Dallaire Institute.
In a statement, the Executive Director of the Dallaire Institute, Dr Shelly Whitman disclosed that the course will bring participants up to speed on best practices in preventing the recruitment and use of children, while enhancing their ability to independently lead Dallaire Institute courses across the continent.
“The Dallaire Institute believes in the importance of collaboration that leads to long-term systemic change to place children at the heart of peace and security. The lead trainers’ course will bring together our champions for change from military and police institutions across the African continent, so they can support and learn from each other on how to prevent the recruitment and use of children and we as the Dallaire Institute can continue to learn from their lived experiences to ensure our approaches are effective”, Whitman noted.
The Dallaire Institute has worked with the Nigerian military, police, and civil society groups since 2017. In 2021, as part of collaborative efforts, it signed a Memorandum of Understanding with the Martin Luther Agwai Leadership and International Peacekeeping Centre (MLALIPKC) and the African Peace Support Training Association (APSTA) to support capacity building activities.
Founded by renowned humanitarian and former Canadian Forces Lieutenant General, Roméo Dallaire, the Dallaire Institute was created with the unique premise that preventing violence against children requires a dual lens that is focused on prioritizing the protection of children, as well as understanding the significant operational impacts upon security sector actors.
As co-developers and custodians of The Vancouver Principles on Peacekeeping and the Prevention of the Recruitment and Use of Child Soldiers, the institute’s stakeholders advise governments and multilateral partners on integrating the principles into security sector governance.
The Institute also hosts a prestigious Tier 1 Canada Research Chair on International Peace, Security and Children and offers undergraduate and graduate courses that will lead to the creation of a certificate program on children, peace and security. Through academic and practitioner training, and community engagement, the Dallaire Institute’s interdisciplinary and applied research advances innovative strategies for preventing the recruitment and use of children in armed conflicts and violence. The Dallaire Institute is supported through private, public, and international contributions.
Security Operatives Crack Down On Sagamu Cultists, House of Assembly Member, Six Others In DSS Net
Security operatives in Ogun State on Wednesday tracked six suspected cultists, allegedly involved in the violence that erupted in Sagamu at the weekend to the official residence of a member of the state House of Assembly.
The member, representing Sagamu State Constituency (1), Hon. Damilare Bello Mohammed, was alleged to have provided shelter to the fleeing cultists.
A team of security operatives, in a sting operation after a tip-off, arrested the suspects on the premises of the lawmaker.
Those arrested, according to sources, include Damilare Bello Mohammed aka DRE, Debbo Animashaun, Bamidele Saheed, Ismaila Onitire, Adewale Otesanya and Tobi Owoade.
They are currently undergoing interrogation at the Department of State Service (DSS).
Sources revealed that many dangerous weapons, including guns, were recovered from the suspects.
It would be recalled that Hon. Bello was arrested by the DSS for masterminding the violent protest that took place in February this year in Sagamu over the naira redesign policy by the Central Bank of Nigeria (CBN).
During the protest, irate youths vandalised about 10 banks and other public infrastructures.
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