The Law of CAMA and Religious Group in Nigeria.
Recently, the National Assembly amended the law that is known as Companies and Allied Matters Act also known as CAMA and hereinafter will be referred to as CAMA. President Muhammed Buhari has assented to the amendment on 07.08. 2020 and so it has become a law in the Federal Republic of Nigeria.
Many people have called me and sought my opinion on the above matter due to misinformation and insinuation from religious leaders across the nation; many religious leaders have vowed that they will not submit to the law and will not allow any law to interfere with how they are running their churches, mosques or their organisation. They are portraying the law anti christianity or anti Islam . It is therefore necessary to set the record straight to disabuse the mind of the people . In my opinion, the amendment is not targeted against any group or religion. If properly executed, it is made in the best interest of Nigeria
For the purpose of this Article , I will not concern myself with the aspect of CAMA that regulates the company but I will confine myself within the ambit of the area of CAMA that deals with what is known as charitable organisation or what is known as non profit organisation . Charitable organisations include Churches, Mosques, Cultural Group, Orphanage Home, Human Rights Groups etc
Section 823 to 829 make provisions for registration of voluntary organisations/ associations to register their organisations by their trustees which must not be less than two in number . On application for registration, apart from submitting the names of the refrees , they must provide the Article of Association or their constitution . This is to show their aims and objectives and what they stand for . Section 838 of the Act make provisions for how to deal with the income, revenue and the assets of the organisations /associations and what it will be used for .
The relevant section that is generating hullabaloo is section 839 that deals with the
” Suspension of Trustees, Appointment of Interim Managers. It will be better for the sake of clarity to recite the section here so that everyone will know the context rather than hearsay.
Section 839 (1) The commission may by order suspend the trustees of an association where it reasonably believes that (a) There is or has been any misconduct or mismanagement in the administration of the association (b) it is necessary or desirable for the purpose of (i) Protecting the property (ii) securing a proper application for the property of the association towards achieving the objects of the association of that property or of the property coming to the association (iii) Public interest (c) The affairs of the association are being run differently
(2) The trustees shall be suspended by an order of the court upon the petition of the commission or members consisting one- fifth of the assiciation and the petitioners shall present all reasonable evidence or such evidence as required by the court in respect of the petition ( 3) Upon hearing the petition, and the appointment , and the appointment of the interim manager , the court with the assistance of the commission, may make provision with respect to the functions to be performed by the interim manager or managers who will be an individual as the court may from time to time designate –
I do not want to bore people with legal quotation here but to interprete the law for people to see that this CAMA is not designed or targeted against any section of religion or people but to bring sanity to the area of religion or any charitable organisation which has gone unregulated for many years . We have seen from section 839 of CAMA that It seeks to protect the interest of the association from abuse and safe guard the interest of the members of that organisation . It is also made to protect public interest. The petttion has to go to court and thus the trustees would have opportunity to defend themselves. I will pause here to explain the relationship between the citizens and the government so as to understand that CAMA is part of how healthy society are to be regulated to provide checks and balances . In parenthesis, it is obvious that many religious leaders are abusing their position of trust to accumulate wealth at the expense of their members and the country.
There is no doubt that it is the law tbat regulates the relationship between citizens and the government , even between Parents and children and between spouses. This also includes what we considered ‘our properties’. Thus a man or a woman cannot treat his or her children anyhow , they are not his or her property , where cruelty against children are established against parent/s, there is a provision under the law for such father or mother to be punished . There is provision to protect spouses from domestic violence . Tbis relationship is welll established under the law of the land .
The land that we think we own is regulated by the law under the 1978 land Use Act that empowered the States and Local Governments to grant ‘ Statutory Rights of Occupancy’ to people . So what people have over what is considered as ‘my land’ is only rights of occupancy. For example where mineral resources are discovered on the land , the government will take over such land with compensation to the person who have right of occupancy. So what people have over their so called land is certificate or rights of occupancy .I have explained this to enlightened the people that our lives are being regulated by the law of the land.
Returning to the subject matter now, for years, the non profit organisation has enjoyed unfettered access and power over their association without any check and balances . Whilst they enjoy the protection of the law by not paying taxes despite making ridiculous gain , they do not want to share the burden of accountability to the government that exempt them from paying tax as tbey have considered the associations as personal properties and not accountable to anybody. This include church leaders , mosques Imams, Myetti Allah, Muric and other non profit organisations . Some are even getting foreign financial assistance that is meant for the organisation but being converted to private and personal use. Some are even using these foreign help to destabilise the country since they are not accountable to anyone.
It would have been ideal If the opposition of the CAMA laws are citing abuse of power in that the government may misuse the law to harass religious leaders in the future, that would have have been a good excuse for opposing it but the way they are going about it shows that tbey do not want to be held accountable .
Section 839 is very clear, the petition for suspension of trustees will ony occur where there is misconduct or mismanagement of the association. This kind of law has been in existence in the United Kingdom for ages and that is why the UK is considered as one of the best countries in the world because there is regulation and accountability. Lawyers are regulated , Dictors are regulated , accountants and professional are regulated to protect the citizens from abuse of power and position. Once religious group have applied to be registered and provide trustees, they must be prepared to be regulated.
What a pity that in Nigeria, we twist things over just for personal interest and people hates to give account of their stewardship. Our religious leaders have nothing to fear other than the fact than they do not want to be held accountable for anything .
For a country, that we want her success, accountability is very important and it is one of tbe aims and objectives of National Movement For Positive Change that government and people are held accountable. Thst is when our country can make progress . The scripture makes it clear that judgment will start from the House of God and so therefore if there will be any positive change in Nigeria our religious leaders must be held accountable and men of God must be prepared to make sacrifice .
Our religion leaders should embrace CAMA as a right step forward towards the nation building that is overdue .
In the interest of peace and by way of concession , we can propose this amendment to CAMA that where for reasons of misconduct and the trustees have to be suspended, any trustees to be appointed should be of the same religion . For example if a church trustees are suspended , the interim managers to be appointed should be christians and the same go for Islamic religion or traditional religion. I make this concession against the background of religious suspicion which is pervasive in our country , after all when you appear before a judge , it is irrelevant whether the judge is a Muslim or a Christian. You have no choice.
On the alternative, anyone not comfortable with the law of CAMA can register as a company and pay tax to the government and the above section will not apply to such people . Nevertheless, They still have to run their company within the confine of the law. OR people can deregister and run the organisation as a private business .
Those who are honest and practice their religion faithfully has nothing to fear from CAMA. The rigbteous is as bold as lion.
Niyi Aborisade is a legal Practitioner in the UK and President of the International Movement For Positive Change / National Movement For Positive Change .
