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Nigeria: CAMA 2020 Controversy Must Be Resolved

THE controversy following the assent into law by President Muhammadu Buhari of the Companies and Allied Matters Act, CAMA, 2020, is an issue that requires amicable resolution rather than a unilateral mindset.

Any law (no matter how self-righteous or messianic it purports to be) that appears to touch negatively on the interests of about half of the Nigerian citizenry must be addressed to calm frayed nerves and restore confidence in the system.

Though the business community has applauded aspects of this voluminous law because it removed some bottlenecks, some civil society and religious interests have risen against some of its provisions.

The Christian Association of Nigeria, CAN, Pentecostal Fellowship of Nigeria, PFN, and other religious bodies which have traditionally promoted the principle of “separation of the Church and the State”, believe that it gives the government the power to manipulate the law against its core interests and values.

Also, a prominent advocacy group, the Social and Economic Rights and Accountability Project, SERAP, has written President Buhari to rescind his assent to the law and send it back to the National Assembly to delete its “repressive” provisions, particularly Sections 839, 842, 843, 844 and 850. It threatened to sue if its requests are ignored.

The main bone of contention is the law’s provision that the Registrar-General of the Corporate Affairs Commission, CAC, has been empowered to, by order and “in the public interest”, suspend the trustees and appoint an interim management for any organisation registered with it once he “reasonably” believes there has been a misconduct, mismanagement or fraud.