The Nigerian Law Society (NLS) has reacted to a public notice issued by Corporate Affairs Commission titled STATUS OF NIGERIA LAW SOCIETY.
According to NLS, “learned Registrar-General, is hereby given 48hrs to issue a genuine and authenticated disclaimer, denouncing the defamatory Public Notice, purporting to have been issued by the Commission; failing which the Nigerian Law Society will immediately commence contempt proceedings against its principal agents.”The NLS Statement reads;
PRESS STATEMENT BY THE NIGERIAN LAW SOCIETY IN REACTION TO CAC’S DEFAMATORY PUBLIC NOTICE OF MONDAY. The attention of the Nigerian Law Society (NLS) has been drawn to a misleading and defamatory Public Notice purportedly issued by the Corporate Affairs Commission (CAC) and the NLS wishes to react as follows:
Firstly, Section 40 of the Constitution of the Federal Republic of Nigeria guarantees the right to associate freely, with or without incorporation. Section 823 of the Companies and Allied Matters Act, 2020 (CAMA) clearly makes it an option for an association of persons to register with the CAC; while Section 863 (2) of CAMA cited in the said Public Notice, is clearly inapplicable to non-profit organizations.
Section 823 of CAMA provides thus: “Where two or more trustees are appointed by any community of persons bound together by custom, religion, kinship or nationality or by anybody or association of persons established for any religious, educational, literary, scientific, social, development, cultural, sporting or charitable purpose, they MAY, if so authorized by the community, body or association (in this Act referred to as “the association” apply to the Commission in the manner provided for registration under this Act as a corporate body.”
Secondly, the Court of Appeal in NBA vs Fawehinmi (1986) 2 NWLR (Pt. 21) 224, p. 241, paras C – D, also validated the legal status of unregistered associations.
The foregoing notwithstanding, it is public knowledge that the NLS had applied to the CAC for registration, failing which an action was brought against the CAC in Suit No.: FHC/ABJ/CS/482/2023 – Chief Bolaji Ayorinde, SAN & 5 Ors. vs CAC; and judgment was entered in favour of the NLS on 15* December, 2023, directing the CAC to register the NLS forthwith.
In the age of misinformation, disinformation and fake news, the NLS is minded to give the CAC the benefit of doubt. Accordingly, the CAC under the leadership of its learned Registrar-General, is hereby given 48hrs to issue a genuine and authenticated disclaimer, denouncing the defamatory Public Notice, purporting to have been issued by the Commission; failing which the Nigerian Law Society will immediately commence contempt proceedings against its principal agents.
In the meantime, the general public is urged to kindly ignore and discountenance the purported Public Notice.
Tuesday, August 6, 2024.
CAC: NLS Reacts To Misleading & Defamatory Statement.
