JUDICIARY
Court Nullifies Sections of CAMA 2020 for Infringing on Citizens’ Fundamental Rights
A Federal High Court (FHC), Abuja has nullified some sections of the Companies and Allied Matters Act (CAMA), 2020 which were considered to infringe on the fundamental human rights of the Nigerian citizens.
Justice James Omotosho, who struck out the sections in a judgment, held that the plaintiff, Mr Emmanuel Ekpenyong, had a locus standi to institute the suit on the subject matter.
Report says that Ekpenyong, an Abuja-based legal practitioner, had in a suit marked: FHC/ABJ/CS/1076/2020, sued the National Assembly, Corporate Affairs Commission (CAC) and the Attorney-General for the Federation (AGF) as 1st to 3rd defendants respectively.
In the originating summons dated and filed on Aug.
31, 2020, the lawyer prayed the court to determine whether he had the locus standi to institute the proceeding.“Whether the provisions of Sections 839, 842, 843, 844, 845, 846, 847, 848 and 851 of the Companies and Allied Matters Act infringes on the plaintiff’s right to thought conscience, and religion as enshrined in Section 38 of the 1999 Constitution (as amended).”
Ekpenyong urged the court to further determine whether those sections infringed on his freedom of peaceful assembly and association as enshrined in Section 40 of the 1999 Constitution.
He also prayed the court to determine whether the provisions on the Administrative Proceeding Committee in Section 851 of CAMA, 2020 was inconsistent with the provisions of Section (6)(6)(b) and Sections 36(1) and 251(1) (e) of the 1999 Constitution.
He asked the court to determine whether the court had powers to grant mandatory injunctive reliefs against the defendants.
The lawyer, therefore, prayed the court to void the affected sections, having infringed on his fundamental human rights.
In a counter affidavit dated and filed Jan 20, 2021 by counsel to the CAC, Olasoji Olowolafe, the commission decsribed the suit as “an abuse of judicial process.”
According to the commission, the action is academic hypothetical and of no utilitarian value to the plaintiff.
CAC, which argued that the case was not backed by any credible evidence, prayed the court to dismiss it.
The National Assembly, in its preliminary objection, also contended that the suit was incompetent because pre-action notice was not served on them and that the plaintiff had no locus standi.
Besides, the AGF argued that the suit did not have a reasonable cause of action, while insisting that the plaintiff lacked locus to file the matter.
Ekpenyong, however, filed a reply on points of law, among others, to counter their arguments.
Delivering the judgment, Justice Omotosho held that under Article 3 (e) of the Preamble to the Fundamental Rights (Enforcement Procedure) Rules, anyone could bring fundamental human rights matters on his own interest, on behalf of another person or even in public interest.
The judgment, which was delivered on Tuesday, was sighted on Friday by the press.
According to the judge, under the new human rights regime, a court shall not dismiss a human right action for mere want of locus standi.
He, therefore, held that the plaintiff in the case had locus to institute the suit.
Justice Omotosho held that the powers granted to CAC to regulate and administer Incorporated Trustees in Nigeria under Sections 839, 842, 843, 844, Section 845, Section 846, Section 847, Section 848 of the CAMA 2020 had infringed on Ekpenyong’s right to freedom of thoughts.
He also held that the sections infringed on the conscience and religion as enshrined under Section 38 of the constitution and freedom of peaceful assembly and association enshrined under Section 40 of the constitution and are therefore null and void.
He also held that the provisions of the Administrative Proceedings Committee in Section 851 of the new CAMA denied the plaintiff his constitutional rights of access to court in Sections 6 (6) (b) and Section 36 (1) of the constitution and also usurped the powers of the Federal High Court under Section 251 (1) (e) of the constitution.
The judge, consequently, struck down Sections 839, 842, 843, 844, 845, 846, 847, 848 and Section 851 of the CAMA 2020, declaring same to be null and void, having been inconsistent with the provisions of the constitution.
The judge, however, agreed that since Ekpenyong did not serve the National Assembly with pre-action notice in line with Section 21 of the Legislative Houses Power and Privileges Act, the suit was incompetent against the legislative organ.
NAN had, on March 21, reported that Justice Inyang Ekwo of a sister court had retrained the CAC from suspending or appointing trustees of the Christian Association of Nigeria (CAN) and the churches.
Justice Inyang Ekwo, in that judgment in a suit filed by the Registered Trustees of CAN, 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, the churches and other religious body.(NAN)
An Ota Magistrates ‘Court in Ogun, on Monday, sentenced a 24-year-old Point of Sales (POS) attendant, Yusuf Olamilekan, to 18 months imprisonment for stealing N1 million belonging to his employer.
In her judgement, the Magistrate, Mrs O.O. Fadairo, sentenced the convict to 18 months imprisonment with an option of fine of N60, 000.
Fadairo said that the convict should also restitute N1 million to the complainant, Emeka and Jane Company.
She added that the Prosecution Counsel had proven beyond reasonable doubt that the convict was guilty of the charge preferred against him.
Olamilekan, whose address was not provided, had earlier pleaded not guilty to the charge of stealing.
The Prosecutor, Insp E.O. Adaraloye, told the court that the defendant committed the offence on April 7, at 6 p.m., at Sango-Ota.
Adaraloye said that the defendant unlawfully withdrew N1 million from his employer’s account, Emeka and Jane Company, without consent, to play a game of chance.
He said that the now convict subsequently lost the money, adding that the offence contravened Section 383 of the Criminal Code, Laws of Ogun, 2006. (NAN)(www.nannews.ng)
IGE/DCO
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Edited by Deborah Coker
An Ota Magistrates ‘Court in Ogun, on Monday, sentenced a 24-year-old Point of Sales (POS) attendant, Yusuf Olamilekan, to 18 months imprisonment for stealing N1 million belonging to his employer.
In her judgement, the Magistrate, Mrs O.O. Fadairo, sentenced the convict to 18 months imprisonment with an option of fine of N60, 000.
Fadairo said that the convict should also restitute N1 million to the complainant, Emeka and Jane Company.
She added that the Prosecution Counsel had proven beyond reasonable doubt that the convict was guilty of the charge preferred against him.
Olamilekan, whose address was not provided, had earlier pleaded not guilty to the charge of stealing.
The Prosecutor, Insp E.O. Adaraloye, told the court that the defendant committed the offence on April 7, at 6 p.m., at Sango-Ota.
Adaraloye said that the defendant unlawfully withdrew N1 million from his employer’s account, Emeka and Jane Company, without consent, to play a game of chance.
He said that the now convict subsequently lost the money, adding that the offence contravened Section 383 of the Criminal Code, Laws of Ogun, 2006. (NAN)
A 42-year-old woman, Bukola Solademi, was on Friday arraigned before a Mapo Grade A Customary Court in Ibadan over alleged theft of carbonated drinks and bottled water valued at N7.688 million.
Solademi, however, pleaded not guilty to the one-count charge levelled against her.
The court’s President, Mrs O.
E. Owoseni, admitted the defendant to bail in the sum of N500,000, with two reliable sureties in like sum.Owoseni said that the sureties must be blood relatives, show evidence of three years tax payment to Oyo State government, present their National Identification Numbers and show evidence of ownership of landed property in Ibadan.
She, thereafter, adjourned the matter till July 4 for hearing.
The Prosecutor, Insp Ayodele Ayeni, had earlier told the court that the defendant committed the offence between March 2024 and April 2025 at Ibikunle, Ayeye area of Ibadan.
Ayeni further said that Solademi stole 12 packs of Bigi water valued at N14,750, 31; packs of big Eva water valued at N309,400, 176 and packs of Mr V water valued at N264,400.
He said that the defendant also stole 405 packs of Predator valued at N1.903,400 and 14 packs of Schewepps valued at N57,600.
The prosecutor listed other items allegedly stolen by the defendant to include: 244 packs of pet coke valued at N882,300; 20 packs of big American cola valued at N128,00012 and packs of Bigi Cola valued at N240,000.
The remaining items were one carton of Lacasera valued at N1,850,240,000; 34 cartons of Pepsi valued at N104,100; 100 cartons of Coca-cola valued at N520,000 and 243 cartons of Fearless valued at N992,300.
The other stolen drinks were: 75 cartons of Bigi Fanta valued at N240,000, 14 packs of Sosa drink valued at N4,000 and 395 packs of Bigi American cola valued at N1.422 million.
Ayeni said that the drinks belonged to one Ajoke Ayinde, a businesswoman.
According to him, the offence contravenes the provisions of section 390(9) of the Criminal Code, Cap. 38, Vol. II, Laws of Oyo State, 2000. (NAN)
Three men, Wasiu Ayanyemi, Ibtahim Adeniji and Oluwabunmi Owoyemi, were on Wednesday docked in an Ikorodu Chief Magistrates’ Court, Lagos, for allegedly assaulting woman and causing her to miscarry.
The police charged Ayanyemi, 40; Adeniji, 49, and Owoyemi, 40, whose addresses were not disclosed with conspiracy to wit felony, breach of peace, and assault occasionally harm.
The three defendants pleaded not guilty to the charge.
The Prosecutor, ASP Aminu Isaac, said the offence were committed on May 8, at Benson bus-stop area of Ikorodu, Lagos State.
Isaac said the defendants assaulted a three-month pregnanr woman, Ms Adejoke Olusoj, causing her bodily harm and miscarriage
The prosecutor said the defendants also conducted themselves in a manner likely to cause breach of peace
He added the offence contravened the provisions of sections 411, 168(d), 173 and 245 of the Lagos State Criminal Law, 2015.
The Chief Magistrate, Mr B. A. Sonuga, admitted the defendants to bail in the sum of N500,000 each, with two sureties in like sum.
Sonuga adjourned the case until June 16 for further mention. (NAN)
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