A legal practitioner, Emmanuel Ekpenyong, has prayed the Court of Appeal, Abuja to dismiss an appeal filed by the Corporate Affairs Commission (CAC) challenging a lower court’s judgement that nullified some sections of Companies and Allied Matters Act (CAMA) 2020 on incorporated trustees.
Justice James Omotosho of a Federal High Court (FHC), Abuja, had, on April 18, 2023, nullified some sections of CAMA, 2020 which were considered to infringe on the fundamental human rights of persons in Nigeria, following a suit filed by Ekpenyong.
The constitutional lawyer and human rights crusader, from the law firm of Fred-Young & Evans LP, made his brief of argument available to Blueprint Monday. The document was dated March 27 but filed March 28.
The lawyer had, in the suit marked: FHC/ABJ/CS/1076/2020, sued the National Assembly, CAC and the Attorney-General of the Federation and Minister of Justice (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 the provisions of Sections 839, 842, 843, 844, 845, 846, 847, 848 and 851 of CAMA infringed on his freedom of thoughts, conscience and religion; freedom of association and peaceful assembly and right to access to court.
Ekpenyong asked the court to determine whether these rights had been infringed on as guaranteed under Section 38, Section 40 as well as Section 4 (8), Section 6 (6) (b), Section 36 (1) and Section 251 (1) (e) of the 1999 Constitution (as amended).
Delivering the Judgement, Justice Omotosho agreed with Ekpenyong that the powers granted to CAC to regulate and administer incorporated trustees in Nigeria under Sections 839, 842, 843, 844, 845, 846, 847 and 848 of CAMA 2020 infringed on his right to freedom of thoughts, conscience and religion.
The judge, who held that the lawyer had locus standi to institute the suit, struck down Sections 839, 842, 843, 844, 845, 846, 847, 848 and Section 851 of CAMA 2020, declaring same to be null and void, having been inconsistent with the provisions of the constitution.
Dissatisfied with the judgment, the CAC, in its notice of appeal dated May 25, 2023 and filed June 9, 2023 by Jibrin Okutepa, SAN, sued Ekpenyong and AGF as 1st and 2nd respondents respectively.
