Nigeria Court of Appeal upholds nullification of CAMA provisions

The Abuja Division of the Court of Appeal has upheld a Federal High Court ruling that struck down specific provisions of the Companies and Allied Matters Act (CAMA) 2020. The court found that several sections governing incorporated trustees were inconsistent with the Nigerian Constitution.

In a unanimous decision delivered by Justice Donatus Okorowo, the three-member panel dismissed an appeal by the Corporate Affairs Commission (CAC). The court ruled that Sections 839, 842, 843, 844, 845, 846, 847, and 848 of CAMA infringed upon fundamental rights, specifically the rights to freedom of thought, conscience, religion, association, and peaceful assembly as guaranteed by Sections 38 and 40 of the Constitution.

The legal challenge was originally instituted by constitutional lawyer Emmanuel Ekpenyong, who argued that the powers granted to the CAC to regulate incorporated trustees were excessive. The court affirmed Ekpenyong’s legal standing to bring the suit based on his personal interest and membership in a registered religious association.