A coalition of civil society organisations has called on the Federal Government and the National Assembly to amend sections of the Companies and Allied Matters Act (CAMA) 2020, arguing that provisions of the law infringe on constitutional rights and threaten civic space.
Speaking at a Media and Stakeholders Roundtable in Abuja on Friday, convened by Global Rights Nigeria and the Network of University Legal Aid Institutions (NULAI) Nigeria, the groups said certain powers granted to the Corporate Affairs Commission (CAC) conflict with constitutional guarantees, including freedom of association, fair hearing, and civic participation.
Program Manager for Global Rights Nigeria, Noya Sedi, said the push for amendment extends beyond civil society interests and should concern all Nigerians. “This conversation belongs in the public domain,” Sedi said. “We are contesting specific provisions of CAMA that confer powers on the CAC in direct contravention of the Constitution.”
She cited the CAC’s authority to shut down organisations for non-filing or unpaid dues without a fair hearing as a breach of Section 36 of the 1999 Constitution. “The Constitution is the grundnorm.
Prof. Sam Erugo, SAN, a member of the Strategic Litigation Team, said the litigation aims to compel the National Assembly to amend provisions that appear to violate constitutional protections.
He flagged Section 824, which empowers the CAC to determine the classification of associations, as a constraint on the right to register organisations.“
Legal practitioner Lagi Innocent said disputes involving non-profits should be resolved by the courts, not through unilateral sanctions by the regulator.
He noted that contested sections allow the CAC to impose penalties without due process, undermining fundamental principles of justice.
The coalition is contesting: Section 824 – Empowers the CAC to classify associations Section 824(4) – Grants the CAC authority over objections to trustee registration Sections 850(1)(d) and 850(2)(e) – Relate to the dissolution of organisations and withdrawal of registration
The groups involved in the action are Global Rights, TAP Initiative, the Open Society Initiative for West Africa (OSIWA), and NULAI Nigeria.