Court Affirms Nullification of CAMA's CAC Powers Over Religion

The Abuja Division of the Court of Appeal upheld a Federal High Court judgment that nullified provisions of the Companies and Allied Matters Act (CAMA), 2020, which granted the Corporate Affairs Commission (CAC) powers over incorporated trustees, including religious organizations. A three-member panel unanimously ruled that sections 839 to 848 of CAMA infringed upon rights to freedom of thought, conscience, religion, association, and peaceful assembly.

Emmanuel Ekpenyong, a constitutional lawyer with Fred Young & Evans LP, had legal standing to challenge these provisions, arguing they violated his fundamental rights. The controversy surrounding CAMA began after its enactment by the late President Muhammadu Buhari in August 2020, with significant objections from religious organizations fearing excessive government control.

Justice James Omotosho agreed with Ekpenyong in April 2023, declaring the contested sections unconstitutional and null and void, emphasizing that the powers granted to the CAC were excessive and infringed on constitutional rights.