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Court adjourns hearing of CAN suit against CAC

A Federal High Court sitting in Abuja has adjourned until June 20, for hearing in a suit filed by the Christian Association of Nigeria (CAN), against the Corporate Affairs Commission (CAC) and the Minister of Industry, Trade and Investment.

Justice Inyang Ekwo, adjourned the matter after counsel to the plaintiff, Chief Joe Gadzama informed the court that all the court processes, including the Originating Summons had been filed and served on the defendants.

Counsel to the CAC and Senior Advocate of Nigeria, Jibrin Okutepa also informed the court that he had filed a notice of Preliminary Objections which opposed the suit filed against it by CAN.

He argued that the Registered Trustees of the Christian Association of Nigeria as a non-juristic person, was unknown to law to institute and maintain the action.

After hearing the submissions of the counsels, Justice Ekwo ordered that hearing notice be served on the second defendant and adjourned the matter for hearing of both the Preliminary Objection and the substantive matter.

The plaintiff, in an affidavit averred that 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 that of the standing committee as well as the plenary session.

Among the reliefs sought, the plaintiff wants the court to determine; whether Section 839, subsections (1), (7) (a) and (10) of the Companies and Allied Matters Act, 2020 and regulations 28-30 of the Companies Regulations, 2021 are inconsistent with Sections 4(8), 6(b) and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which guarantees the plaintiff’s right to freedom of association and the right to seek redress in court.

Reporting by Ifeoma Nwovu; editing by Muzha Kucha