*Threatens contempt proceedings
In statement released on Monday, August 5, 2024, the Nigerian Law Society (NLS) has vehemently denounced a misleading and defamatory public notice allegedly issued by the Corporate Affairs Commission (CAC).
The NLS has demanded that the CAC retract the notice and issue a genuine, authenticated disclaimer within 48 hours, failing which the organization will commence contempt proceedings against the Commission’s principal agents.
The NLS, in its statement, cited Section 40 of the Nigerian Constitution and Section 823 of the Companies and Allied Matters Act, 2020 (CAMA), highlighting that registration with the CAC is optional for associations of persons. The organization also referred to a Supreme Court ruling in W&A vs Fawehinmi (1968) 2 VNWLR (Pt. 21) 224, p. 241, Paras C – D, which validates the legal status of unregistered associations.
Furthermore, the NLS revealed that it had previously applied for registration with the CAC, and upon the Commission’s failure to do so, had secured a judgment in its favor on December 15, 2023, in Suit No.: FHC/ABI/CS/482/2023. The judgment directed the CAC to register the NLS forthwith.
The NLS, while giving the CAC the benefit of the doubt in the age of misinformation and fake news, has firmly demanded a retraction and disclaimer from the Commission. The organization has also urged the general public to disregard the purported public notice, emphasizing its commitment to upholding the rule of law and safeguarding the interests of its members.
The press statement was signed by the NLS General Secretary, Stephen T. Abar, Esq., and the National President, Chief Mela Audu Nunghe, SAN, underscoring the gravity of the matter and the organization’s resolve to take necessary legal action if the CAC fails to comply with its demands.
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