The Christian Association of Nigeria on Sunday said its lawyers were already preparing a fresh suit against the Corporate Affairs Commission and the Minister of Trade, Industry and Investment on the controversial Companies Allied Matters Act 2020, using its proper name.

The association’s General Secretary, Joseph Daramola, disclosed this in a statement titled “Our case against CAMA is ongoing -CAN assures members.”

Justice Inyang Ekwo, of a Federal High Court in Abuja, had in a judgment, dismissed the earlier suit over CAN’s failure to comply with the law in the name used in filing the originating summons.

The court held that the proper name of the plaintiff is the Registered Trustees of Christian Association of Nigeria, as stated on its Certificate of Incorporation as against the Incorporated Trustees of Christian Association of Nigeria, and the court was unable to allow the replacement of the name on the originating process.

Daramola, in the statement, described what happened at the court as a temporary setback which he said the association has overcome.

He said, “In the ruling, Justice Inyang Ekwo stated that suing in the wrong name, contrary to statutory provision, is statutory non-compliance and is not a mere misnomer to be corrected by the court, as the court cannot re-write statutory provisions. The suit was accordingly struck out.

“The court held that the proper name of the plaintiff is the Registered Trustees of Christian Association of Nigeria, as stated on the plaintiff’s Certificate of Incorporation as against the Incorporated Trustees of Christian Association of Nigeria; and the court is unable to allow the replacement of the name on the originating process.

“The new Companies and Allied Matters Act 2020 states clearly under section 825(a) that registration of all associations must contain the words ‘Incorporated Trustees of…’

“This should have sustained our action before the court because the use of Registered Trustees is now being discarded. Our amendment ought to have been allowed. 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.

“Our lawyers are currently preparing to institute a fresh suit using the proper name of the plaintiff (CAN) as it is on the Certificate of Incorporation. This is the truth of the matter now.

“What happened in the court was just a temporary setback and by the grace of God, we have overcome it.”

That CAN had among others want the Court to determine “whether Section 839, subsections (1), (7) (a) and (10) of the Companies and Allied Matters Act (CAMA), 2020, is inconsistent with Sections 4(8), 6(6)(b) and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which guarantees the plaintiff’s right to freedom of association and the right to seek redress in court.