Socio-Economic Rights and Accountability Project (SERAP), a non-governmental organisation, has filed a lawsuit asking the Federal High Court, Abuja, to stop President Muhammadu Buhari from implementing draconian and unlawful provisions of the Companies and Allied Matters Act (CAMA), 2020 which allows the FG to arbitrarily merge a new association with an already registered association.
The draconian provision also allows the FG to suspend and remove trustees of any association and to take over funds belonging to any association, and also transfer such funds to another association on the pretext that the account is dormant.
Joined in the suit as defendants are: Mr Abubakar Malami, attorney general of the Federation and minister of Justice; and the Corporate Affairs Commission (CAC).
The organization in the suit number FHC/ABJ/ CS/172/2021 filed last Friday, is seeking: “an order stopping President Buhari, Mr Malami and the CAC from implementing the unconstitutional provisions of CAMA 2020 which allow the Federal Government to arbitrarily and unilaterally cancel or revoke the certificate of registration of any association on flimsy grounds. These provisions may be used as a pretext for rights violations.”
The suit followed SERAP’s letter to President Buhari in August, 2020 requesting him to “revoke his assent to CAMA 2020 and return it to the National Assembly for repeal of the repressive provisions, particularly sections 839, 842, 843, 844 and 850 contained in Part F of the Act, and any other similar provisions.”
SERAP is arguing that: “The right to freely associate with others works both ways. The others you want to associate with must be prepared to associate with you. None can be imposed on the other. The right to freedom of association also connotes the right of the others to freely associate with or dissociate from whosoever.”
SERAP is also arguing that: “The Nigerian Constitution of 1999 (as amended), the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights guarantee to everyone the right to freedom of association, to belong to any association of their choice. By allowing the Defendants to arbitrarily merge two or more private associations, religious associations, charities, NGOs or professional bodies, CAMA 2020 blatantly violates this fundamental human right.”
According to SERAP: “Section 842(2)(a)(b)(5)(6) of CAMA 2020 violates the right of these associations and other Nigerians to property including the right to operate their bank accounts and use their funds the way they choose to subject to already existing banking regulations and practices.”
