Justice Inyang Ekwo, in a judgment, dismissed the suit over the failure of the plaintiff to comply with the law in the name used in filing the originating summons.
“Whether the provision of Section 854 of the CAMA is inconsistent with Section 39 of the CFRN which guarantees the right to freedom of expression,” among others. “A declaration that Section 839 and of the CAMA has a direct effect on the judicial power of the court under Section 6 of the CFRN, and Is therefore void.
It stated further that in the originating summons, the plaintiff’s name was inadvertently expressed as “Incorporated Trustees of the Christian Association of Nigeria.”“The error in the plaintiff’s name is what we seek by this application to rectify,” it added. “The plaintiff is not an entity registered under the Companies and Allied Matters Act and not one otherwise recognised as being vested with statutory rights of incorporation and bereft of the requisite locus standi, legal capacity or competence to sue and maintain this action eo nomine against the 1st defendant.
“The originating process of the plaintiff is incurably defective and cannot be cured by an amendment.The CAC insisted that granting the application would change the character of the case and would be prejudicial to it.
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