From Fred Ezeh, Abuja
Christian Association of Nigeria (CAN) said its legal team has begun plans to institute fresh legal suit against the Federal Government on the “controversial” Companies Allied Matters Act (CAMA), 2020.
CAN explained that the reason for fresh legal suit was because Justice Inyang Ekwo dismissed their earlier legal suit over the failure of the plaintiff (CAN) to comply with the law in the name used in filing the originating summons.
The Court held that the proper name of the plaintiff (CAN) is The Registered Trustees of Christian Association of Nigeria, as stated on the plaintiff’s certificate of incorporation, as against The Incorporated Trustees of Christian Association of Nigeria, and the court was unable to allow the replacement of the name on the originating process.
Its General Secretary, Joseph Daramola, in a statement, yesterday, explained that at the sitting, the Court delivered the ruling on the plaintiff’s application for amendment of originating summons.
He said: “In the ruling, Honourable Justice Inyang Ekwo, stated that suing in the wrong name contrary to statutory provision is statutory non-compliance, and is not a mere misnomer to be corrected by the Court, as the court cannot re-write statutory provisions. The suit was accordingly struck out.”
Daramola said what happened in the Court was a temporary setback and by the Grace of God, they would overcome it.
“Our prayers are for the unborn generations and nothing will discourage us from pursuing this case to the logical conclusion.
“We want 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 which guarantees the plaintiff’s right to freedom of association and the right to seek redress in court.”