Description

The facts giving rise to the action arose from the enactment of the Companies and Allied Matters Act, 2020. The Appellant, a Christian and member of the Roman Catholic Church who deposed that he is an accredited agent of the 2nd Respondent in the business of registering companies and associations, contended that Sections 839, 842, 843, 844, 845, 846, 847, 848 and 851 of the Act infringed his rights to freedom of thought, conscience and religion under Section 38 of the Constitution, freedom of peaceful assembly and association under Section 40, and his right of access to court under Sections 6(6)(b), 36(1) and 251(1)(e) of the Constitution.

The 1st Defendant filed a Notice of Preliminary Objection dated and filed 11th December 2020, supported by a 21-paragraph affidavit deposed to by Aliyu Garba Esq., contending that the suit was incompetent for failure to serve a three months’ pre-action notice under Section 21 of the Legislative Houses (Powers and Privileges) Act, 2017. The Appellant filed a Counter-Affidavit dated 22nd December 2020 and a Reply on Points of Law dated 25th January 2022. The 2nd Defendant filed a 9-paragraph Counter-Affidavit dated 20th January 2021, and the 3rd Defendant filed a 6-paragraph Counter-Affidavit deposed to by Harrachi Uche, together with replies from the Plaintiff.