Appeal Court Upholds Nullification of CAMA on CAC Powers over Religious Groups, Others

The Court of Appeal in Abuja has upheld a Federal High Court ruling that nullified several provisions of the Companies and Allied Matters Act (CAMA) 2020, concerning the Corporate Affairs Commission's (CAC) oversight of incorporated trustees, such as religious and other associations. A panel of three judges unanimously found that sections 839, 842, 843, 844, 845, 846, 847, and 848 of CAMA violated fundamental rights to freedom of thought, conscience, religion, association, and peaceful assembly.

The controversy emerged upon the Act's signing into law by the late President Muhammadu Buhari in August 2020, with religious organizations and civil society groups objecting to Section 839, which granted the CAC authority to suspend trustees and appoint interim managers under certain conditions. The Christian Association of Nigeria (CAN) had called for amendments to the law.

Ekpenyong, a constitutional lawyer, sued the National Assembly, CAC, and the Attorney General of the Federation, alleging that the provisions infringed his constitutional rights. In April 2023, Justice James Omotosho ruled that the CAC's regulatory powers were excessive and infringed on the constitutional rights of freedom of thought, conscience, religion, association, and peaceful assembly.

Omotosho also affirmed Ekpenyong's legal standing to challenge the provisions. Upon appeal, the Court of Appeal affirmed the Federal High Court's decision but did not uphold the nullification of Section 851, which empowered the Administrative Proceedings Committee to determine disputes arising under CAMA, excluding the Federal High Court.