Dissatisfied Lawyer Files Double Legal Actions Against Corporate Affairs Commission [CAC] for Acting Beyond Their Powers

Hyginus Ibega Esq, an Abuja based lawyer has, instituted double legal actions against Corporate Affairs Commission(CAC) for acting beyond the powers donated to them by Companies and Allied Matters Act, (CAMA) 2020.

In the first legal action, the Plaintiff suing by himself via a Writ of Summons, suit number FHC/ABJ/CS/260/2021 filed on 29th February, 2024 challenged the powers of the Commission over their policy of ‘’7 DAYS GRACE PERIOD’’. CAC has by the said policy barred applicants/customers from downloading their incorporation documents outside 7 days of registration, unless the applicant/customer makes further payment as prescribed by CAC. This is irrespective of the fact that the fact that the documents have fully been paid for. The Plaintiff registered FOURWALLS PROJECTS LTD, and was barred from downloading the incorporation documents based on this policy which according to the Writ of Summons is baseless and is not built on any known valid law.

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Second, the Plaintiff by Suit No: FHC/ABJ/CS/261/2024, via Originating summons prayed the court for the interpretation of Section 852(2) of the Companies and Allied Matters Act, (CAMA) 2020. The Plaintiff challenged the powers of CAC to prescribe the requirement of consent/reservation code in a manner not envisaged by Section 852(2) of the Companies and Allied Matters Act (CAMA) which generally governs the requirement of consent for name availability searches.

Both matters have been assigned to Court number 2, Federal High Court Headquarters, Abuja. The Defendant have been served with both Originating processes and the matter is fixed for 23rd April, 2024.

Source: barristerng.com

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