The Court of Appeal has placed major constitutional limits on the Corporate Affairs Commission’s powers over incorporated trustees, affirming the nullification of eight provisions of CAMA 2020 affecting churches, charities, NGOs and other associations.
The Court of Appeal in Abuja has affirmed a Federal High Court judgment invalidating significant provisions of the Companies and Allied Matters Act 2020 governing incorporated trustees.
The appellate court held that Sections 839 and 842 to 848 of CAMA were inconsistent with constitutionally protected freedoms of thought, conscience, religion, association, and peaceful assembly.
Justice Donatus Okorowo delivered the unanimous judgment, with Justices Abba Mohammed and Eberechi Nyesom-Wike concurring.
The decision arose from litigation instituted by constitutional lawyer Emmanuel Ekpenyong against the National Assembly, Corporate Affairs Commission and Attorney-General of the Federation.
The court also considered Section 851, holding it invalid only to the extent that the Administrative Proceedings Committee purported to exercise jurisdiction constitutionally vested in the Federal High Court.
Although the judgment was delivered on September 17, its certified copy became publicly available this week, making the full constitutional implications newly reportable.
For churches, professional associations, charities, and NGOs registered as incorporated trustees, the judgment significantly redraws the boundary between regulatory oversight and constitutionally protected institutional autonomy.
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