CAN, Churches Defeat Govt Over CAMA Act
It was victory for the Christian Association of Nigeria (CAN) and churches under it as a Federal High Court, Abuja, on Tuesday, stopped the Corporate Affairs Commission (CAC) from suspending or appointing their trustees.
Justice Inyang Ekwo, in a judgment, held that the provisions of Sections 17 (1), 839 (1) and (7) (a), 842 (1) and (2), 851 and 854 of the Companies and Allied Matters Act (CAMA), 2020 and Regulations 28, 29 and 30 of the Companies Regulations (CR), 2021 were not applicable to CAN and the churches, including mosques, as a religious body.
The News Agency of Nigeria (NAN) reports that the Registered Trustees of CAN, in the originating summons marked: FHC/ABJ/CS/84/2022 field by Joe Gadzama, SAN, had sued the CAC and the Minister of Industry, Trade and Investment as 1st and 2nd defendants respectively.
The plaintiff, in the suit, had posed five questions for determination.
CAN had asked the court to determine that whether Section 839, Subsections (1), (7) (a) and (10) of the CAMA, 2020 and regulations 28 – 30 of the CR, 2021 are inconsistent with Sections 4 (8), 6 (6) (b) and 40 of the 1999 Constitution (as amended) which guarantees the its right to freedom of association and the right to seek redress in court, among others.
It, therefore, sought 13 reliefs which include a declaration that Section 839 (1), (7) (a) and (10) of the CAMA and Sections 28 – 30 of the CR are inconsistent with |Section 40 of the 1999 Constitution, and thus unconstitutional, null and void.
“An order striking down Sections 839(1), (7) (a) and (10), 842(1) and (2), 843, 851 and 854 of the CAMA for being unconstitutional.
“A declaration that Section 17(2) (a) and (d) of the CAMA demand an impossible and impracticable action; thus, void and for being impracticable and unknown to Law.”
CAN also prayed for an order of perpetual injunction restraining and barring the defendants from taking any step to give effect to the provisions of Sections 17(2) (a) and (d), 839(1), 842(1) and (2), 842(1) and (2), 842, 843, 851 and 854 of the CAMA against it as mentioned in Article 4 of its constitution, to prevent further contravention of the provisions of Sections 4(8), 6(6)(b), 251(1)(e) and 251(3) of the 1999 Constitution.
It argued if CAC was allowed to suspend its trustees and appoint interim managers to manage its affairs, it would be usurping its powers under the constitution and the powers of the standing committee and the plenary session which would not be in line with the constitution.
Delivering the judgment, Justice Ekwo said that the CAC did not controvert the averment of CAN that it was constituted by the churches.
“It is settled law that averments without contradicting evidence or averments are deemed admitted.
“There is a need at this point to define what a church is in order to see how applicable the provisions of the CAMA 2020 can be applicable to it,” he said.
Citing a previous case, the judge said “a church in its true definition is the body of Christ. One person cannot constitute the body of Christ; it connotes a congregation, an assembly of people. An individual cannot own a church. A church property must be the collective responsibility of all the members.”
He said the summary of the above was that “the church is an ecclesiastical being.
“Each church is characterised by its distinct dogma or creed and same for each congregation and denomination that constitute the church.
“It is on this ground that it is impossible for one church to be administered by another church and the church being what it is for the soul of man, the doctrinal distinctness and difference must be respected by the authorities within and without.
“This being so, it is then impracticable for the church or a denomination thereof to be administered by secular arrangement such as interim manager or managers stated in
Section 839 of the CAMA 2020 or any other arrangement put in place by the CAMA which does not take into account the doctrinal composition of the church.
“It is also my opinion that to suspend the trustees and appoint an interim manager or managers to manage the affairs of the church will conflict with the sacerdotal order of its divine administration and desecrate same.”
Justice Ekwo, who observed that the Minister of Trade (2nd defendant) neither filed any application nor represented in court despite being served by the plaintiff, held that the effect of the failure of a defendant to file pleadings is that the assertions of the claimant stands unchallenged and are deemed admitted and established.
According to him, therefore, the case of the plaintiff succeeds on the merit.
The judge, consequently, made a seven declarations, which include a declaration that Section 839 (1), (7) (a) and (10) of the CAMA 2020 and Regulations 28, 29 and 30 of the CR , 2021 are not applicable to religious organisation as CAN and the churches as they violated the right to worship guaranteed by Section 40 of the 1999 Constitution (as amended).
He also made an order of perpetual Injunction, “restraining the defendants from taking any step to give effect to or implementing and/or continuing with any act to implement the provisions of Sections 839 (1), 842 (1) and (2), 842, 843, 851 and 854 of the CAMA 2020.
Justice Ekwo, however, did not make the generic order striking down the sections of the CAMA 2020 as prayed by the plaintiff.
He said such an order would affect other bodies and organisations registered under Part F of the Act.
“These provisions are applicable in respect of the administration, supervision and regulation of other bodies like company, limited liability partnership, business name or incorporated trustee registered for other purposes stated in Section 823 (1) of the CAMA 2020.
“The court is also unable to strike down the provision of Section 17 (2) (a) and (d) of the CAMA 2020 which provides for mandatory pre-action notice to the 1st defendant, as prayed, as the practicability of compliance with such provision depends on the circumstance of each case thereby affected,” he said.
For The Record
Acceptance Speech For Distinguished Lifetime Achievement Award By Canadian Association Of African Studies
By Toyin Falola
I am grateful to Mr. President, the Vice-President, the Past President, the Director, the Board Members, and all the members of the Canadian Association of African Studies (CAAS). Having been conferred with the Distinguished Africanist Award by the African Studies Association in 2011, I never expected that another one would follow by yet another global preeminent academic association.
I stand before you at this honorable time, emotionally touched by your generosity towards me and greatly inspired by your rare gesture of recognizing the little I have contributed to knowledge production and the rejuvenation of African epistemic traditions. The decision to acknowledge me, perhaps unknown to you, rekindles in me the spirit of continued dedication, for it reveals that the ability to make changes is unrestricted by age or location, especially when the soul is involved. Meanwhile, change is necessary for sustainable and transcendental transformation; without change, ideas would die of exhaustion, creativity would cease to be itself, and productivity would be sabotaged in the process.
Mr. President, it was within the foundational philosophy of this noble Association to promote the study of Africa in Canada and the world. Over the years, CAAS has done so as a moral and ideological responsibility, thereby contributing to African-Canada relations. That philosophy has yielded substantial results and that we are here today to produce rounds of knowledge affirms the sanctity of this togetherness. When I contributed my tiny quota to your goals by way of once organizing a conference for you, giving two Keynote Addresses, serving on the Joel Gregory Book Prize, and evaluating manuscripts for your preeminent journal, I never knew that a day like this would come. I feel most humbled and grateful, and with limitless appreciation for the confidence you have reposed in me and an unalloyed dedication to honor your belief in me, I accept the Distinguished Lifetime Achievement Award from CAAS.
Distinguished scholars and members of the audience, I am now in the circle of remarkable intellectuals whom you have acknowledged for similar outstanding contributions and performances in their various fields, and I feel the burden of greater responsibility on me. Of a truth, I am an individual culturally reified in a philosophical paradigm of the Yorùbá whose axiomatic saying “Yin’ni, yin’ni, kẹ́ni ó ṣe òmíràn,” which loosely translates as a repeated shower of gratitude is a clarion call to do more, or to whom much is given, much is expected. This has often placed on me the moral burden to expand whatever it is I am recognized for doing. I am aware that it is not within the moral circumference of any culture in the world to publicly award evil, and that presupposes that my contributions to knowledge, which have been recognized, are expected to be multiplied. By virtue of my age, such consistency may be conflicted by nature, but that does undermine the reality that the manifestation of knowledge contribution is fluid and flexible. This means that even if creating a network of knowledge transmission through my books, lectures, listservs, and workshops experiences would decline, age cannot take away from me mentorship to our coming generations of Africans, assisting the academic fledglings to grow, and providing a friendly atmosphere to intending academics.
Mr. President, if we have collectively learned anything from the beautiful development experienced recently as a human family, it would be that the place of knowledge cannot be overemphasized in transforming and sustaining human society. Although this understanding should not elude anyone, we should not be ignorant that knowledge production, distribution, use, and reformation can never be as innocent as we have been made to understand it. This deduction finds its strength in the fact that if it is true that knowledge production is devoid of strange politics, this distinguished body, the Canadian Association of African Studies, would not have been birthed in the first place. However, the awareness that knowledge engagements available in the diasporic environment, especially in Canada, are potentially hostile and hegemonic necessitated an association such as this. CAAS is irrevocably committed to the advancement and upsurge of knowledge so that the epistemic traditions and foundations of Africans here would escape the compromise that the environment proposes. We have both a moral and ideological responsibility to rescue African Studies epistemically because this place has a glistering history that must never be undermined―glistering because the strength and struggles of the displaced Indigenous people have produced stellar results that today’s reality of Africans here has drawn from. Essentially, you and I owe ourselves the right to develop and build a civilization that reflects our thinking.
Ladies and gentlemen, have you not established methodologies in developing and nurturing this Association with which information is sourced and education transferred? Have you failed to raise intellectually vibrant Africans leading in several areas of their careers with excellent and exceptional impact? Have you not created a healthy academic atmosphere where knowledge about critical issues related to Africa has been consistently shared? Mr. President, within the time of establishment, you have, as a collective, harmonized the ideas of outstanding contributors to this project to drive policies and services of immense significance to the various areas of existence. Through the persistent insistence of CAAS, the Canadian Journal of African Studies (CJAS) was created. Who among us here would deny the overwhelming contributions of the journal to African academics? Is it not a journal that provides the platform and motivation for academia who have showcased brilliance and excellence in their research engagements? Have you not also created an opportunity for government representatives, leaders, non-governmental organizations, activists, and non-state actors, among others, to draw on knowledge for policies that drive critical development?
Distinguished scholars, colleagues, and friends, you have, in good dispositions, facilitated the meteoric growth of intellectualism from the beginning of our engagement, and that tradition has continued regardless of different challenges, which your dedication has helped you to overcome. How else can we reiterate the importance of CAAS to the survival of the African identity in the diaspora environment if not through the enumeration of the great things you have done as a people and as an Association? CAAS has stood up for numerous Africans who have witnessed various forms of dreadful challenges because of the color of their skin. The Association has committed itself to issues of development within the Federation to emphasize how its members are concerned about rapid progress for the generality of Canadians. The number of conferences organized by CAAS continues to grow admirably, through which they offer fresh opportunities for scholars across the globe who have brilliant ideas to share with the world, especially by looking at issues from the lens of Africa and Africans. CAAS has always taken on fundamental matters that require urgent attention, and in the spirit of humanitarian compassion, you have executed projects that bring invaluable additions to the human world. That underscores your values as a people and your commitment to making meaningful changes in the global environment. You have enlarged our desire to promote ideas that would bring rapid changes to the human world through the programs, events, and platforms you have created within the time of your existence as an association for scholarship and human flourishing.
Mr. President, your decision to honor me with the Distinguished Lifetime Achievement Award is a form of affirmation by you and the members of the Association to ensure that individuals like me have a continued focus on enhancing a brighter future for the African diaspora. Although I am the recipient of that award, the inspiration it would encourage will not fall on my shoulders alone, for I am confident that those who are available here today will feel that sense of commitment and seriousness, as I do, to issues that would benefit Africa and the world generally. Therefore, this honor is for us all! I am inclined to think this way because I know that the human spirit wants to be triggered by the external motivation to perform the magic already wired in them or that they are naturally capable of.
The continually evolving world, ladies and gentlemen, demands that we also reposition ourselves and understand more deeply the sense of responsibility we owe the generations of Africans to come. We must not forget that it is important that we continue to interrogate ideas produced by our forebears, for they can be more relevant in the modern world than we imagine. Ideas are the result of human mental energy put to use in the course of refining the thoughts in the mind. All we need is to intensify our research trade and ensure that we introduce ideas for the benefit of humankind.
I am most grateful to you all for the well-intentioned recognition accorded to me, leading to this exemplary award. It is mind-blowing and, at the same time, humbling, to say the least. Africa will continue to find its footing, and we will never cease to take the world by surprise.
May 31, 2023.
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President Bola Tinubu on Thursday announced outgoing Speaker of the House of Representatives, Femi Gbajabiamila, as his Chief of Staff.
Tinubu introduced Gbajabiamila as the new chief of staff at the meeting between the President and the nation’s security chiefs currently holding at the Presidential Villa, Abuja on Thursday morning.
Toyin Falola Honoured In Canada For Contribution To African Studies
The Canadian Association of African Studies (CAAS) has awarded United States-based Nigerian professor of history Toyin Falola the prestigious Lifetime Achievement Award for Contribution to African Studies .
In a letter announcing the award, CAAS told Prof. Falola that it recognized his exceptional contributions, unwavering dedication, and profound impact on the field of African Studies in Canada and beyond.
The CAAS Lifetime Achievement Award for Contribution to African Studies recognizes senior scholars who have been engaged actively as CAAS stalwarts and have retired or nearing retirement. The requirements are (1) a lifetime of sound scholarship; (2) accomplishments (research, teaching and mentoring awards, etc.) and (3) involvement in the activities of CAAS.
The letter said: “Your achievements as a renowned historian and an esteemed member of the academic community meet all these criteria at an extremely high level.Throughout your illustrious career, you have made significant contributions to the advancement of African Studies, leaving an indelible mark on the discipline. Your pioneering research, insightful publications, and dedication to mentoring a new generation of scholars have significantly enriched our understanding of Africa’s history, culture, and society. Your profound influence extends beyond research and publications. You have been actively engaged in the academic community, serving as a keynote speaker at CAAS conferences (as we can witness at this year’s conference) and co-organizing the successful CAAS conference at York University in 1991. Your tireless efforts in reviewing scholarly works for the Canadian Journal of African Studies and your longstanding role on the editorial board of the Harriet Tubman Series on the African Diaspora at York University further demonstrate your commitment to advancing the field.
“In addition to your invaluable contributions to CAAS, your impact on the Canadian academic landscape is remarkable. As an external examiner at esteemed Canadian universities, including the University of Toronto, York University, Dalhousie, Trent University, and Queens University, you have played an integral role in shaping the academic rigor and quality of African Studies programs across the country. Moreover, your mentoring of Africanist scholars based in Canada has nurtured and inspired a new generation of researchers and intellectuals. In that regard, you have supervised more than 100 Master’s and Doctoral dissertations in your areas of specialization. Your noteworthy achievements have garnered global recognition and acclaim. You have been the recipient of numerous prestigious awards, including the 2011 Distinguished Africanist Award from the African Studies Association (ASA) and an impressive tally of over 40-lifetime awards from various countries. With 16 honorary doctorates documented in your vita, you stand as a true luminary in the field. Recently, on Tuesday, October 11, 2022, at State House, Abuja, Nigeria’s President Muhammadu Buhari conferred on you, one of the nation’s oldest and highest merit honors, the Member of the Order of the Niger (MON). This is proof of the degree of recognition that you have enjoyed in your homeland.
“On behalf of the Canadian Association of African Studies, I extend our deep congratulations to you on this well-deserved honor. Your exceptional contributions, unwavering commitment, and outstanding achievements serve as an inspiration to all Africanists and scholars in related fields in Canada and globally.”
The letter added: “Please note that the award will be formally announced at the CAAS Annual General Meeting on Wednesday, May 31, 2023, at 5:00 pm. The venue for the meeting is Founders College, FC 152, York University, and the event will be in a Hybrid format. More information will be provided to enable you to invite family and friends to witness the award ceremony segment of the AGM.” The letter was signed by Nduka Otiono, PhD.
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