A Federal High Court (FHC), Abuja has nullified some sections of the Companies and Allied Matters Act (CAMA), 2020 which were considered to infringe on the fundamental human rights of the Nigerian citizens.
Justice James Omotosho, who struck out the sections in a judgment, held that the plaintiff, Mr Emmanuel Ekpenyong, had a locus standi to institute the suit on the subject matter.
The News Agency of Nigeria (NAN) reports that Ekpenyong, an Abuja-based legal practitioner, had in a suit 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.
In the originating summons dated and filed on Aug. 31, 2020, the lawyer prayed the court to determine whether he had the locus standi to institute the proceeding.
“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).”
Ekpenyong urged 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.
He also prayed the court to determine whether the provisions on 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) € of the 1999 Constitution.
He asked the court to determine whether the court had powers to grant mandatory injunctive reliefs against the defendants.