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You Can’t Interfere With Church Administration, Abuja High Court Tells CAC

Published

3 months ago

March 22, 2023

The Federal High Court, Abuja, on Tuesday ruled in favour of Christian Association of Nigeria (CAN) against Corporate Affairs Commission (CAC) wherein CAN has secured a judgment in favor of Christianity in Nigeria to the effect that the provisions of Companies and Allied Matters Act (CAMA) 2020 which empowered CAC to, among other things, interfere and take over the administration of even Churches in Nigeria (or even close them down) on allegation of non-compliance with certain provisions of CAMA 2020 are not and cannot be applicable to Churches and Christian Bodies in Nigeria.

Consequently, CAC no longer has the power to interfere, take over or close down any Church or Christian Body in Nigeria for any reason whatsoever.

According to a report by the News Agency of Nigeria the Abuja Division of Federal High Court, on Tuesday, restrained the Corporate Affairs Commission (CAC) from suspending or appointing trustees of the Christian Association of Nigeria (CAN) and churches.

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 churches, including mosques, as a religious body.

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 that 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.

Though Mr Gadzama was not in court, Albert Uko held his brief.

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 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 that 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 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

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Nigeria Air: Civil Society Group Tackles NASS

Published

19 hours ago

June 7, 2023

Sunrise Nigeria

Says Committee Chairman’s declaration amounts to ‘giving the dog a bad name in order to hang it’
…
A civil society group, The Concerned Civil Society Advocacy Group has taken up the outgoing Chairman of the House of Representatives Committee on Aviation, Nnolim Nnaji on his recent declaration that the national carrier project was a fraud.

According to the group, the declaration, coming in the wake of the recent exhibition of one of aircrafts of Nigeria Air in Abuja, amounted to “giving the dog a bad name so that it can be hanged”

In a statement to the media in Abuja on Wednesday,and signed by the Group’s National Coordinator, Bako Barkindo and National Secretary, Julius Adaji, it described the sustained plot to ensure the failure of the national carrier project as a disservice to the Nigerian people who stand to benefit from its establishment.

Former Aviation Minister, Senator Hadi Sirika

The Statement read:

“The media has been awash with reports that the House of Representatives Committee on Aviation has declared the national carrier project a fraud after a hastily organised ‘public hearing’ whose outcome was obviously predetermined.
As usual, many gullible Nigerians have been deceived through deliberate misinformation by opponents of the Nigerian Air project who have been masquerading their real intentions as national interest.
Everyone knows what the benefits of a national carrier are, and they include; competitive ticket prices, direct flights to international destinations, national pride etc. We therefore wonder why the concerted efforts by some people to ensure that the project fails.

“As a group that believes that Nigeria deserves a very robust national carrier that is private sector-driven (bearing in mind the issues that led to the death of defunct Nigeria Airways), we have followed the process through which the project had passed, from the appointment of transaction advisers up to the announcement of Ethiopian Airlines as the Strategic partners and other private sector investors before the court injunction obtained by some domestic airline operators. It is therefore surprising that the Chairman, House Committee on Aviation had to come up with such a declaration shortly before the Committee’s tenure ends.

“We are therefore constrained to raise the following questions:
1.Has the Committee chaired by Nnolim Nnaji not been part of the whole process of establishing the airline, or they have been watching from the sidelines, unconcerned with such a flagship project in the sector?
2.Why wait till the wee hours of their departure from the national assembly to hold a make-believe public hearing where the Chairman acted as a sole administrator and did not allow those in charge to make contributions but went ahead to declare the national carrier project a fraud, a position that at variance with that of Senate?
3.Is the Committee not aware of the fact that government equity in the airline is only 5% and the remaining 95% belongs to the strategic partners (Ethiopian Airlines) and other private investors; and that even if government withdraws from the venture, the owners of the 95% will carry on?
4.On the use of the Ethiopian Airlines plane, why didn’t the Committee highlight the 49% ownership of Nigeria Air part of which includes the provision of aeroplanes for take-off?
5.Can the Committee invalidate an Executive Council-approved project that was midwifed by the Infrastructure Concession Regulatory Commission (ICRC) and approved by the President?
6.Why are some members of the Airline Operators of Nigeria (AON) so vehemently opposed to the national carrier project, if not for the sole purpose of continuous exploitation of air travellers? Should Nigerians be subjected to whims and caprices of these airline operators who have made air transportation in the country unaffordable to the average Nigerian?
7.Why would the Association also claim that they were not carried along in the process when every stage was advertised in most national dailies and some international publications as well as the electronic and social media? Moreover, all the information regarding the airline has been available on websites of the Infrastructure Concession Regulatory Commission (ICRC) and the Ministry of Aviation. Wherein lies the the much-vaunted secrecy?

“As concerned citizens we believe that the establishment of the cational carrier will be of immense benefit to Nigerians with the provision of competitive rates for both domestic and international routes.
It is our belief also that there’s more to this seeming gangup to truncate the project than meets the eye, especially with the close relationship with the major actors in the plot to deprive Nigerians of the inherent benefits.

“We conclude that all the negatives being spread about the Nigeria Air project is only to ‘give a dog a bad name so they can hang it’.

The group appealed to President Bola Ahmed Tinubu to ensure the take-off of the airline which,according to them was at that stage before the change of government.

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Jibrin Condemns Destruction of Political Activist’s Hotel in Kogi

Published

6 days ago

June 2, 2023

Sunrise Nigeria

Accord Party Candidate in forthcoming gubernatorial election in Kogi State, Admiral Usman Jibrin (rtd) has condemned the attack and wanton destruction of a hotel belonging to a political activist Hon. Kabir Bala aka Okwo’ located at Ejule in Ofu Local Government Area of the state.

Reports have it that the hotel, said to be one of the best in the area, was attacked and completely razed down Wednesday night by people yet to be identified.

Admiral Jibrin in a statement to the media in Abuja, said the attack on the hotel was not only condemnable, but dastardly and unwarranted.

According to the retired Chief of Naval Staff, people should imbibe the spirit of politics without bitterness and eschew the recourse to needless violence in aspiring for positions of power.

He called on the state security apparatus to ensure an urgent and independent investigation and communicate their findings to the public to douse the tension that is building up in Kogi East.

Admiral Usman Jibrin (rtd)
Accord Party Governorship Candidate, Kogi State

The Governorship hopeful, while also calling on the State Governor, Inspector-General of Police and the Department of State Services to quickly take steps to ensure that the electioneering period leading to governorship election is devoid of all forms of criminality.

Admiral Jibrin, popularly called ‘Akpabana’ promised to bring his experience, extensive knowledge of security and universal contacts to bear on ensuring that the people of the state are safe and secure when he takes over the mantra of leadership of the state.

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TINUBU APPOINTS GEORGE AKUME, SGF, GBAJABIAMILA COS, IBRAHIM HADEJIA, DCOS

Published

6 days ago

June 2, 2023

Sunrise Nigeria

President Bola Ahmed Tinubu has announced the appointment of Speaker of House of Representatives, Rt. Hon. Femi Gbajabiamila as Chief of Staff, and Sen. Ibrahim Hassan Hadejia, a former Deputy Governor of Jigawa State, as Deputy Chief of Staff.

Sen. George Akume
SGF

A statement by the State House Director of Information, Biodun Olajundoye said President Bola Ahmed Tinubu confirmed the appointment on Friday during a meeting with the Progressives Governors Forum (PGF),

Oladunjoye further stated that the President also named former Governor of Benue State and immediate past Minister of Special Duties, George Akume as the new Secretary to the Government of the Federation (SGF).