Skip to content
Tuesday 3 February 2026
  • Home
  • Advertise with us
  • Contact
The Frontier
Click to read
The Frontier
  • News
  • Crime
  • Politics
  • Headlines
  • Education
  • Health
  • Business & Economy
  • Sports
  • More
    • International
    • Religion
    • Entertainment
    • Info Tech
    • Matilda Showbiz
      • Gists
      • Music
      • Gossips
      • Oga MAT
      • Romance
    • Arts & Culture
    • Environment
    • Opinion
    • Features
    • Epistles of Anthony Kila
    • EyeCare with Dr Priscilia Imade
The Frontier
  • News
  • Crime
  • Politics
  • Religion
  • Headlines
  • Education
  • International
  • Business & Economy
  • Entertainment
  • Sports
  • Arts & Culture
  • Environment
  • Health
  • Matilda Showbiz
    • Gists
    • Music
    • Gossips
    • Oga MAT
    • Romance
  • Opinion
  • Epistles of Anthony Kila
  • EyeCare with Dr Priscilia Imade
  • Info Tech
  • Interview
The Frontier
Click to read
News
News

Lawyer challenges CAC’s appeal against nullification of some CAMA sections

The FrontierThe FrontierApril 8, 2024 2954 Minutes read0

A constitutional lawyer and human rights crusader, Emmanuel Ekpenyong, has asked the Court of Appeal, Abuja, to dismiss an appeal filed by the Corporate Affairs Commission (CAC) to challenge a lower court’s judgement that nullified some sections of the Companies and Allied Matters Act (CAMA), 2020.

It would be recalled that Justice James Omotoso of a Federal High Court, sitting in Abuja, had, on April 18, 2023, nullified some sections of CAMA, 2020, considered to infringe on the fundamental human rights of persons in Nigeria, following a suit filed by Ekpenyong, reports Nigerian Tribune.

The lawyer, in the suit marked: FHC/ABJ/CS/1076/2020, with the National Assembly, CAC, and the Attorney-General of the Federation and Minister of Justice (AGF) as the 1st to 3rd defendants, prayed to the court to determine whether the provisions of Sections 839, 842, 843, 844, 845, 846, 847, 848, and 851 of CAMA infringed on his freedom of thought, conscience, and religion, freedom of association and peaceful assembly, and right to access the Court as guaranteed under Section 38, Section 40, as well as Section 4 (8), Section 6 (6) (b), Section 36 (1), and Section 251 (1) (e) of the 1999 Constitution (as amended).

Justice Omotoso, in the judgement, agreed with Ekpenyong that the powers granted to CAC to regulate and administer incorporated trustees in Nigeria under Sections 839, 842, 843, 844, 845, 846, 847, and 848 of CAMA 2020 infringed on his right to freedom of thought, conscience, and religion.

The Judge, who held that the lawyer had the legal right to institute the suit, struck down Sections 839, 842, 843, 844, 845, 846, 847, 848 and Section 851 of CAMA 2020, declaring same to be null and void, having been inconsistent with the provisions of the Constitution.

Dissatisfied with the judgement, the CAC, in its Notice of Appeal filed on June 9, 2023, by Jibrin Okutepa (SAN) with Ekpenyong and AGF as 1st and 2nd Respondents, gave five grounds why the appeal should be allowed and the judgement delivered by the trial court be set aside.

In one of the grounds, it argued that Justice Omotoso erred in law when he entertained Ekpenyong’s claim under the fundamental rights action, even when it was apparent from the claim filed that he lacked the legal right to have instituted the action.

The CAC wants the appellate court to determine “whether, from the totality of the evidence, the trial court was correct in holding that Ekpenyong was able to prove that Sections 839, 842, 843, 844, 845, 846, 847, and 848 of CAMA infringed on his fundamental rights,” among others.

The Commission, therefore, submitted that the trial Judge was wrong to have assumed jurisdiction, heard and determined the case of the 1st respondent, and then granted all the reliefs in the originating summons and urged the court to uphold the appeal.

Ekpenyong, in his brief of argument filed on March 28, 2024, raises four issues for the determination of the court

They are, “Whether the wide powers granted to the appellant (CAC), an agency of the executive arm of the Federal Government of Nigeria under Sections 839, 842, and 848 of CAMA to remove the leadership of religious associations and other Incorporated Trustees under any guise and replace them with whoever it pleases as interim managers as well as manage the affairs and accounts of such associations is draconian, unconstitutional and an infringement of the 1st respondent’s fundamental human rights?

“Whether the combined provisions of Sections 839, 842, 843, 844, 845, 846, 847, 848 and 851 of CAMA, which grants the appellant too much powers over religious associations and other Incorporated Trustees and empower the appellant to act based on its own whims to interfere in the management of religious associations and other incorporated trustees, is reasonably justified in Nigeria’s constitutional democracy?

“Whether, in light of the provision of Section 4(8), Section 6(6)(b), Section 36(1) and Section 251 (1) (e) of the Nigerian Constitution, the provisions of Section 851 of the CAMA 2020, which gives the appellant powers to oust and usurp the jurisdiction of the Federal High Court, is unconstitutional?

“Whether religious associations and other incorporated trustees, as a vehicle by which the 1st respondent and other Nigerians exercise their fundamental human rights enshrined in the Nigerian Constitution, must be overburdened with too many restrictions and laws to fetter their liberty?”

Ekpenyong, in his argument, submitted that the freedom of thought, conscience and religion, as well as the freedom of association and peaceful assembly, constituted one of the pillars of a democratic society.

contended that Sections 38 and 40 of the Constitution provide freedom for him to exercise his thoughts, conscience and religion either alone by himself or in association with those who share his faith and beliefs.

The lawyer said the excessive powers granted to CAC, an agency of government, by the offending provisions of CAMA, 2020, to suspend trustees of his religious association and other Incorporated Trustees and appoint interim managers of its own choice who may not profess the same beliefs with him or belong to his association and powers to even manage the accounts of the association, are provocative, draconian, and barbaric.

According to him, it is also an affront to Nigeria’s Constitution, which granted freedoms to the first respondent and other persons in Nigeria in the first place.

He argued that the limitation of freedom of thought, conscience, and religion and peaceful assembly and association under Section 45 of the constitution is to prevent anarchy by ensuring that persons in Nigeria practice their religion and beliefs without infringing on others’ freedoms.

“Since the offending provisions of CAMA 2020 infringed on the 1st respondent’s constitutional and fundamental human rights, which are capable of retrogressing Nigeria back to the dark days of the draconian military regime, the trial court was right in law to strike down the offending provisions of CAMA 2020 in order to safeguard the constitutional freedom of the 1st respondent and other persons in Nigeria,” he argued.

The AGF, who is the second respondent, has yet to file his brief of argument, and no date has been fixed for hearing the appeal.

Tags
appealCAC’schallengesLawyer
FacebookTwitterWhatsAppLinkedInEmailLink
Previous post We won’t hunt opposition – Gov Fubara tells IPAC
next post CBN stops use of foreign currencies as collateral for naira loans
Related posts
  • Related posts
  • More from author
News

Police urge Nigerian workers to shelve today’s protest, cite security concerns

February 3, 20260
News

50th anniversary: Ogun declares today public holiday, Oyo workers to close by noon

February 3, 20260
News

Court restrains Organised Labour from embarking on strike, protest today

February 3, 20260
Load more
Read also
Inside Akwa Ibom Today

inside the Hill top newspaper

February 9, 20250
Headlines

JUST IN: Organised Labour directs Abuja workers to resume work with immediate effect

February 3, 20260
International

Bill, Hillary Clinton to testify in US House Epstein probe

February 3, 20260
Education

Former Vice President Osinbajo decries state of Nigerian schools as Igbobi College launches ₦10 billion endowment fund

February 3, 20260
Headlines

Big money, small impact: Governors face fire over N9 trillion federal allocation windfall

February 3, 20260
Politics

Electoral Act: Senate resumes debate today after backlash from Nigerians

February 3, 20260
Crime

I got N958 million as gifts, N374 million salary, allowances – Former justice minister Malami tells court

February 3, 20260
Load more

inside the Hill top newspaper

February 9, 2025

JUST IN: Organised Labour directs Abuja workers to resume work with immediate effect

February 3, 2026

Bill, Hillary Clinton to testify in US House Epstein probe

February 3, 2026

Former Vice President Osinbajo decries state of Nigerian schools as Igbobi College launches ₦10 billion endowment fund

February 3, 2026

Big money, small impact: Governors face fire over N9 trillion federal allocation windfall

February 3, 2026

Electoral Act: Senate resumes debate today after backlash from Nigerians

February 3, 2026

inside the Hill top newspaper

0 Comments

JUST IN: Organised Labour directs Abuja workers to resume work with immediate effect

0 Comments

5 burnt to death scooping fuel from fallen tanker

0 Comments

Naira slumps further as dollar scarcity bites harder

0 Comments

BREAKING: Appeal Court sacks Senate Minority Leader, orders election rerun

0 Comments

Again, Trump fined $10,000 for violating gag order

0 Comments

Follow us

FacebookLike our page
InstagramFollow us
YoutubeSubscribe to our channel
WhatsappContact us
Latest news
1

inside the Hill top newspaper

February 9, 2025
2

Iran executes man convicted of spying for Israel

January 7, 2026
3

Supreme Court allows Trump to resume Education Department dismantling

July 15, 2025
4

Release Nnamdi Kanu, EndSARS protesters, other detainees – Peter Obi tells Tinubu

June 30, 2024
5

UN agencies tremble as Trump term gets closer

January 16, 2025
6

2025 budget: Tinubu, Shettima to spend over N9 billion on travels, refreshments

December 20, 2024
Popular
1

inside the Hill top newspaper

February 9, 2025
2

BREAKING: Court declares Rivers N800billion 2024 budget illegal

January 22, 2024
3

PDP Convention: Governor Lawal inaugurates subcommittees

October 25, 2025
4

Governors back bill on reserved seats for women

October 24, 2025
5

US air strikes: ADC demands details of terrorists killed

December 27, 2025
6

JUST IN: Protesters invade Abuja court over Afriq Arbitrage case, demand transparency

June 23, 2025

About The Frontier

The Frontier is Nigeria’s leading online newspaper. It is published by Okims Media Links Limited headed by Sunny Okim, a veteran journalist who is widely known as The Grandmaster, fondly called so by colleagues and friends for being Nigeria’s pioneer movie journalist.

Most viewed

inside the Hill top newspaper

February 9, 2025

BREAKING: Tinubu confers national honour on late Army chief, Lagbaja

November 15, 2024

Pope Francis pulls out of Friday’s Way of the Cross event at last minute

March 30, 2024

Group cries out over imposition of candidates in APC ahead Lagos council elections

April 23, 2025

Lagos, Ogun to experience poor telephone services amid police, petroleum workers standoff

February 24, 2025
Top posts

Categories

  • News4169
  • Politics3514
  • Crime3438
  • International2346
  • Sports1997
  • Business & Economy1930
  • Headlines1920
  • Education1124
  • Matilda Showbiz796
  • Health700
  • Entertainment647
  • Africa386
  • Religion384
  • Environment292
  • Special247
  • Hunger protests in Nigeria224
  • Arts & Culture203
  • Info Tech188
  • Interview161
  • Inside Akwa Ibom Today144
  • Opinion132
  • EyeCare with Dr Priscilia Imade102
  • Advert30
  • Epistles of Anthony Kila19
  • Trends11
  • Local News4

© 2025 The Frontier, Published by Okims Media Links Limited.

designed by winnet services

  • Home
  • Advertise with us
  • Contact