CASE DIGEST - COMPANY LAW: INCORPORATED TRUSTEE; IS THE RIGHT TO FREE ASSOCIATION AND PEACEFUL ASSEMBLY VIOLATED BY THE CORPORATE AFFAIRS COMMISSION'S POWER TO REGULATE THE AFFAIRS OF AN INCORPORATED TRUSTEE?

EMMANUEL EKPENYONG ESQ. v. THE NATIONAL ASSEMBLY & ORS.

(J. K. OMOTOSHO, J)

Emmanuel Ekpenyong Esq. (Plaintiff) by an Originating Summons stated that according to section 839 of the new Companies Allied Matters Act, the Corporate Affairs Commission (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. Also, Sections 842 -848 of the new Companies and Allied Matters Act 2020 gives the 2nd Defendant too much control over registered association which infringes on his right to freedom of thought, conscience and religion enshrined in section 38 of the Constitution.