The Christian Association of Nigeria, or CAN, is currently preparing a fresh suit against the Corporate Affairs Commission and the Minister of Trade, Industry and Investment after its previous suit was dismissed by Justice Inyang Ekwo Federal High Court in Abuja.
As reported by PUNCH, the suit was initially submitted due to matters related to the controversial Companies Allied Matters Act 2020, particularly Section 839, subsections (1), (7) (a) and (10) that they find to be inconsistent with Sections 4(8), 6(6)(b) and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
However, the suit could not proceed as the plaintiff, which is officially named Registered Trustees of Christian Association of Nigeria, used an incorrect name, the Incorporated Trustees of Christian Association of Nigeria.
Such a mistake was deemed as statutory non-compliance, rather than a simple misnomer. As the court was unable to rewrite statutory provisions, the suit was then struck out.
The new Companies and Allied Matters Act 2020 states under section 825(a) that all associations must contain ‘Incorporated Trustees of…’
The association’s General Secretary, Joseph Daramola, assured that the organization is preparing a fresh suit with a proper name, although he argued the amendment should have been allowed, as the use of Registered Trustees is now disregarded.
“However, we will not like to join issues with the court by going on appeal because it would further delay the case. Accordingly, we decided to choose the other option of refiling the case,” added Daramola.
this is really a fundamental misnomer for which will not scale the day on appeal.