CAMA Act: Court stops CAC from suspending, appointing CAN, church’s trustees

Justice Inyang Ekwo, in a judgment, held that the provisions of Sections 17 , 839 and , 842 and , 851 and 854 of the Companies and Allied Matters Act , 2020 and Regulations 28, 29 and 30 of the Companies Regulations , 2021 were not applicable to CAN and the churches, including mosques, as a religious body.

“An order striking down Sections 839, and , 842 and , 843, 851 and 854 of the CAMA for being unconstitutional. It argued 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.

“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. “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, however, did not make the generic order striking down the sections of the CAMA 2020 as prayed by the plaintiff.

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