Romanus Okoye
The de-registered Incorporated Trustees of Ohanaeze Ndigbo General Assembly, yesterday filed suit against the Corporate Affairs Commission and its Registrar General challenging, their deregistration. The plaintiff demands the sum of N500, 000,000,000 being exemplary and punitive damages and N50, 000, 000 as cost of action.
The plaintiff in the suit filed at Federal High Court, Abuja seek declaration that freedom of Association is a constitutional right safeguarded and guaranteed under the constitution of the Federal Republic of Nigeria as amended and cannot be taken away save by due process of law. The trustees claim that having complied with the statutory requirements leading to the incorporation, issuance of certificate; the defendants lack the power to withdraw the said Certificate of Incorporation.
Part of the statement of claims reads: “A declaration that once the statutory requirements under company and allied matters have been met for Incorporation under Part C, of certificate issued the defendants have no power to withdraw the said certificate.
“A declaration that certificate of Incorporation number 144918 issued to the plaintiffs on the 28th February 2020 by the defendants is valid and still subsisting.
“A declaration that it is a court of law that has the power under Company and Allied Matters Act to set side any Certificate of Incorporation issued by the defendant under part C Company and allied matters Act.
“A declaration that it amounts to constitutional infraction of the rights of the plaintiffs to freedom of association as guaranteed by the constitution of the Federal Republic of Nigeria as amended for the defendants to withdraw certificate of Incorporation issued under part C of company and allied matters Act to the plaintiff on the 28th of February, 2020.
“An injunction restraining the defendants whether by themselves, assigns, privies or whosoever purporting to act on their behalf from withdrawing or tampering the certificate of Incorporation No 144918 issued to the plaintiffs, on the 28th of February 2020.
“An order setting aside the withdrawal notice of the said certificate of Incorporation dated 29th of June 2020 and issued by the defendants as same is ultra vires the powers of the defendants.”
The plaintiff avers that sometimes in 2019 she requested to ascertain from the defendants whether Ohanaeze Ndigbo General Assembly was available for registration and the defendants responded that the name was available, gave a time limit of 60 days within which to incorporate same and all other requirements were met.