EMMANUEL EKPENYONG v. THE NATIONAL ASSEMBLY & 2 ORS.

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Facts:

The Plaintiff by an Originating Summons stated that according to section 839 of the new Companies Allied Matters Act the 2nd Defendant is given unilateral powers to suspend the trustees of an association and appoint an interim manager or managers to manage the affairs of an association where the 2nd Defendant believes there is any misconduct or mismanagement in the administration of the association without a Court order. That also sections 842, 843, 844, 845, 846, 847 and 848 of the new Companies and Allied Matters Act gives the 2nd Defendant too much control over registered association which infringes on his right to freedom of thoughts, conscience and religion enshrined in section 38 of the Constitution. In addition, section 839, 842, 844, 845, 846, 847 and 848 of the new Companies and Allied Matters Act infringes on his right to freedom of peaceful assembly and association enshrined in section 40 of the Constitution. Section 851 establishes an Administrative Proceedings Committee which shall determine matters arising from the operation of the new CAMA which breaches his constitutional right to access to Court inconsistent with the provisions of section 6 (6)(b), section 36(1) and section 251(1)(e) of the Constitution. The Plaintiff stated that the said sections should be expunged from the Act as they will affect his livelihood and survival. The Defendants’ in contention filed their counter affidavit, denying all the allegations and reliefs sought by the Plaintiff.
Upon the conclusion of trial, parties adopted their written address and the case was set down for judgment.

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