• Latest
  • Trending
CAC To Replace Driver’s License, Others With NIN For Business Registration

Court Nullifies Parts Of CAMA 2020 Infringing On Human Rights

April 23, 2023
Police Rescue 10 Abducted NYSC Members As Search Continues

Police Rescue 10 Abducted NYSC Members As Search Continues

October 2, 2026
Nigeria’s Amos Dangut Assumes Office As WAEC Registrar/CEO

Nigeria’s Amos Dangut Assumes Office As WAEC Registrar/CEO

October 2, 2026
Obi Questions Tinubu’s Move To Block Records In Foreign Court

Obi Pledges To Spend Holidays In Nigeria If Elected In 2027

October 2, 2026
Family, friends gather for Olu Jacobs funeral in Lagos

Family, friends gather for Olu Jacobs funeral in Lagos

October 2, 2026
Navy Rescues 2 Kidnap Victims, Recovers Engines In Akwa Ibom

Navy Rescues 2 Kidnap Victims, Recovers Engines In Akwa Ibom

October 2, 2026
https://www.firstbanknigeria.com/personal/loans/mreif-home-loan/
ADVERTISEMENT
UK Swears In New Attorney, Solicitor General

UK Swears In New Attorney, Solicitor General

October 2, 2026
FG Warns Nigerians Over Fake Passport Websites

UK Passport Intervention: 8,956 Nigerians Enrolled In 21 Days

October 2, 2026
Nigerian Pilgrim Dies In Makkah

2027 Hajj: Nigeria Gets Additional 10,000 Slots From Saudi Arabia

October 2, 2026
Carter Efe Beats Speed Darlington To Retain Celebrity Boxing Title

Carter Efe Beats Speed Darlington To Retain Celebrity Boxing Title

October 2, 2026
ADVERTISEMENT
  • Privacy Policy
    • Home
      • Contact Us
  • Advert Rates
Friday, October 2, 2026
  • Login
No Result
View All Result
Present Nigeria
  • Home
  • News
    • Education
    • Health
    • Crime
  • Business
  • Politics
  • Entertainment
    • Lifestyle
  • Opinion
  • Sports
  • World News
  • Home
  • News
    • Education
    • Health
    • Crime
  • Business
  • Politics
  • Entertainment
    • Lifestyle
  • Opinion
  • Sports
  • World News
No Result
View All Result
Present Nigeria
No Result
View All Result
Home News

Court Nullifies Parts Of CAMA 2020 Infringing On Human Rights

by Present Nigeria
April 23, 2023
in News
0
CAC To Replace Driver’s License, Others With NIN For Business Registration
29
SHARES
57
VIEWS
FacebookTwitterWhatsappTelegram

Some sections of the Companies and Allied Matters Act (CAMA), 2020 have been nullified by a federal high court sitting in Abuja, on grounds of infringing on the fundamental human rights of the Nigerian citizens.

The judgement was given following a lawsuit filed by an Abuja-based lawyer, Emmanuel Ekpenyong. He had in the lawsuit marked: FHC/ABJ/CS/1076/2020, sued the National Assembly, Corporate Affairs Commission (CAC) and the Attorney-General for the Federation (AGF) as 1st to 3rd defendants respectively.

RelatedPosts

Police Rescue 10 Abducted NYSC Members As Search Continues

Nigeria’s Amos Dangut Assumes Office As WAEC Registrar/CEO

Obi Pledges To Spend Holidays In Nigeria If Elected In 2027

Asides from asking the court to determine whether he had the locus standi to institute the proceeding, Ekpeyong also asked the court to further determine whether those sections infringed on his freedom of peaceful assembly and association as enshrined in section 40 of the 1999 Constitution.

The lawsuit partly read; 

“Whether the provisions of Sections 839, 842, 843, 844, 845, 846, 847, 848 and 851 of the Companies and Allied Matters Act infringes on the plaintiff’s right to thought conscience, and religion as enshrined in Section 38 of the 1999 Constitution (as amended).”

He also asked the court to determine whether the provisions of the Administrative Proceeding Committee in section 851 of CAMA, 2020 was inconsistent with the provisions of Section (6)(6)(b) and Sections 36(1) and 251(1) (e) of the 1999 Constitution, and if it had powers to grant mandatory injunctive reliefs against the defendants. Ekpeyong also urged the court to void the affected sections. 

Ruling on the case, Justice James Omotosho held that sections 839, 842, 843, 844, 845, 846, 847, and 848 of CAMA were inconsistent with the provisions of the Nigerian constitution.

He held that under Article 3 (e) of the Preamble to the Fundamental Rights (Enforcement Procedure) Rules, anyone could bring fundamental human rights matters on his own interest, on behalf of another person or even in public interest.

Justice Omotosho also said that under the new human rights regime, a court shall not dismiss a human right action for mere want of locus standi. He held that powers granted to CAC to regulate and administer Incorporated Trustees in Nigeria under Sections 839, 842, 843, 844, Section 845, Section 846, Section 847, Section 848 of the CAMA 2020 had infringed on Mr Ekpenyong’s right to freedom of thoughts, and also infringed on the conscience and religion as enshrined under Section 38 of the constitution and freedom of peaceful assembly and association enshrined under Section 40 of the constitution and are therefore null and void.

Before striking down Sections 839, 842, 843, 844, 845, 846, 847, 848 and Section 851 of the CAMA 2020 and declaring same to be null and void, having been inconsistent with the provisions of the constitution, Justice Omotosho held that the provisions of the Administrative Proceedings Committee in Section 851 of the new CAMA denied the plaintiff his constitutional rights of access to court in sections 6 (6) (b) and Section 36 (1) of the constitution and also usurped the powers of the Federal High Court under Section 251 (1) (e) of the constitution.

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Pinterest (Opens in new window)

Like this:

Like Loading...

Related

Share12Tweet7SendShareShare2
Previous Post

Sanwo-Olu Orders Demolition Of Three Buildings In Banana Island

Next Post

Anambra Govt Establishes Bureau Of Missing Persons

Related Posts

Police Rescue 10 Abducted NYSC Members As Search Continues

Police Rescue 10 Abducted NYSC Members As Search Continues

October 2, 2026
Nigeria’s Amos Dangut Assumes Office As WAEC Registrar/CEO

Nigeria’s Amos Dangut Assumes Office As WAEC Registrar/CEO

October 2, 2026
Navy Rescues 2 Kidnap Victims, Recovers Engines In Akwa Ibom

Navy Rescues 2 Kidnap Victims, Recovers Engines In Akwa Ibom

October 2, 2026
UK Swears In New Attorney, Solicitor General

UK Swears In New Attorney, Solicitor General

October 2, 2026
Next Post
Soludo Bans Activities Of Transport Union, Touts in Motor Parks

Anambra Govt Establishes Bureau Of Missing Persons

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

PRESENT, a credible online newspaper from the cell of Red Carpet Communications Limited, is published by an experienced and profoundly resourceful journalist, Yemi Olowolabi.
It leads in lucid presentation of trending stories and breaking news in Politics, Business, Economy, Entertainment, Sports, Lifestyles and Other Features.
With a heritage of in-depth coverage and adept leverage of core professionals, PRESENT is the trusted witness of the news.

Police Rescue 10 Abducted NYSC Members As Search Continues

Police Rescue 10 Abducted NYSC Members As Search Continues

October 2, 2026
Nigeria’s Amos Dangut Assumes Office As WAEC Registrar/CEO

Nigeria’s Amos Dangut Assumes Office As WAEC Registrar/CEO

October 2, 2026
Obi Questions Tinubu’s Move To Block Records In Foreign Court

Obi Pledges To Spend Holidays In Nigeria If Elected In 2027

October 2, 2026

© 2025 Present Nigeria. All Rights Reserved.

  • Privacy Policy
  • Advert Rates

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Home
  • News
    • Education
    • Health
    • Crime
  • Business
  • Politics
  • Entertainment
    • Lifestyle
  • Opinion
  • Sports
  • World News

© 2025 Present Nigeria. All Rights Reserved.

%d