CAC denies Legality of Deji Adeyanju’s Concerned Nigerians Organisation

1 Mar

The Corporate Affairs Commission (CAC) has denied the legality of a nongovernmental organisation, Concerned Nigerians for the Protection of Human Rights, being operated by Deji Adeyanju because it is an unregistered entity and is unknown to law.

CAC in a letter dated February 18, 2021 made the confirmation, reiterating that “Concerned Nigerians being operated by one Deji Adeyanju is an unregistered entity and was never registered with the CAC.”

This status according to a group of civil society coalition makes Concerned Nigerians an illegal entity that is not recognized by law and cannot maintain an action in law

According to an Abuja based human rights lawyer, Osuagwu Ugochukwu Esq., the implication of the illegal standing is that “Concerned Nigerians being an unregistered association is not a legal association and cannot maintain an action in law. An unregistered body or association is not recognised under Nigerian law. It cannot enter into legally binding contracts; it cannot sue or be sued in the name of the association save where each individual member or principal officers of the association are sued or sue others in their individual capacity.

“To assume legal protection, every association must be registered under Nigerian law. Thus in Anyaegbunam v. Pastor Okudili Osaka (2000) 5 NWLR (Part 657) 386, the Supreme Court held that “an unincorporated association does not legally exist. Thus the existence of Concerned Nigerians is contrary to Part F of the Companies and Allied Matters Act 2020 particularly Section 863.

“Section 863(1) of CAMA 2020 specifically provides as follows: (1) A person or association of persons shall not carry on business in Nigeria as a company, limited liability partnership, limited partnership or under a business name without being registered under this Act. Section 863(2) CAMA 2020 now makes such un-registration an offence with punishment. It is submitted that the law will take its natural cause in the circumstance,” Osuagwu stated.

Source : Tribune Online