A Federal High Court in Abuja has ruled against an attempt by the Corporate Affairs to interfere in the affairs of Christian churches in the country under the Company and Allied Matters Act, CAMA 2920.
A team of lawyers representing the Christian Association of Nigeria, brought the case before the court challenging the CAMA 2020 law that empowers the Corporate Affairs Commission, CAC of Nigeria to interfere and where deemed necessary, take over the administration of churches or even close them down.
The provision of Section 839 of CAMA has generated much controversy resulting in serious condemnation from the churches, civil society and some public analyst who consider it a further attempt to shrink an already narrow civic space.
The contentious Section 839 provides:
“1. The Commission may by order suspend the trustees of as association and appoint an interim manager or managers to manage the affairs of an association where it reasonably believes that:
a. There has been any misconductor mismanagement in the administration of the association,
b. B. It is necessary for the purpose of, (i) protecting the property of the association, (ii)public interest, (iii) the affairs of the association are being run fraudulently.
2. The trustees shall be suspended by an order of Court upon the petition of the Commission or members consisting of one fifth of the association and the petitioners shall present all reasonable evidence or such evidence as requested by the Court in respect of the petition.
In the landmark ruling the court granting the request of the CAN counsels, ruled in favour of Christianity in Nigeria to the effect that the provisions of Companies and Allied Matters Act (CAMA) 2020 which empowers CAC to, among other things, interfere with and take over the administration of even churches in Nigeria (or even close them down) at the slightest allegation of non-compliance with certain provisions of CAMA 2020, are not, and cannot be applicable to churches and Christian bodies in Nigeria. The ruling, considered a landmark judgment and a milestone achievement in crippling the detected Islamization agenda antics embedded in some sections of CAMA 2020 has been hailed in the Christian fold.
Following the judgment, the CAC no longer has the power to interfere, take over or close down any church or Christian Body in Nigeria for any reason whatsoever.
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