Civil society group SERAP seeks amendments of CAMA 2020
A civil society group, Socio-Economic Rights and Accountability Project (SERAP) has urged President Mohammadu Buhari to instruct the Registrar-General of the Corporate Affairs Commission and Minister of Justice not to implement or enforce the Companies and Allied Matters Act, 2020, [CAMA 2020].
The group in an open letter to the president said it has already instructed its counsel, Femi Falana to file a suit against the implementation of the new law in the event that the president failed to heed its call.
SERAP asked the government to send the regulation back to the National Assembly for appropriate amendments to delete the repressive provisions of the Act, particularly sections 839, 842, 843, 844 and 850 contained in Part F of the Act, and any other similar provisions.
has sent an open letter to President Muhammadu Buhari requesting him to “urgently rescind your assent to the Companies and Allied Matters Act, 2020, [CAMA 2020], and to send the legislation back to the National Assembly to address its fundamental flaws, including by deleting the repressive provisions of the Act, particularly sections 839, 842, 843, 844 and 850 contained in Part F of the Act, and any other similar provisions.”
The organization is also urging him to “instruct the Registrar-General of the Corporate Affairs Commission, Alhaji Garba Abubakar, and Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN,
not to implement or enforce the CAMA 2020 until the legislation is repealed by the National Assembly, and brought in line with the Constitution of Nigeria 1999 (as amended), and Nigeria’s international human rights obligations.”
In the letter dated August 22, 2020 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “With these provisions, the government now has overly broad and discretionary powers to arbitrarily withdraw, cancel or revoke the certificate of any association, suspend and remove trustees, take control of finances of any association, and to merge two associations without their consent and approval of their members.”
“Rather than taking concrete measures to improve the legal environment and civic space that would ensure respect for human rights and media freedom, your government has consistently pursued initiatives to restrict the enjoyment of citizens’ human rights. These rights are protected from impairment by government action.”
“These restrictions, coupled with repressive broadcasting codes and Nigerian security agencies’ relentless crackdown on peaceful protesters and civil society, demonstrate the government’s intention to suppress and take over independent associations.”
“SERAP is concerned that the provisions would be used by the authorities to exert extensive scrutiny over the internal affairs of associations, as a way of intimidation and harassment, which would eventually unduly obstruct the legitimate work carried out by associations.”
“We would be grateful if the requested action and measures are taken within 14 days of the receipt and/or publication of this letter. If we have not heard from you by then, the Registered Trustees of SERAP shall take all appropriate legal actions to compel you and your government to take these measures in the public interest.”
“Please note that SERAP has instructed its Legal Counsel Femi Falana, SAN to take all appropriate legal actions on our behalf should your government fail and/or neglect to act as requested.”
“Citizens’ decision to join with others in pursuit of a common goal is a fundamental aspect of their liberty. The right to freedom of association also plainly presupposes a freedom not to associate. This freedom is at risk if the government can compel a particular citizen, or a discrete group of citizens, to merge their associations.”
“Constitutional guarantees of freedom of association would be very limited if they are not accompanied by a guarantee of being able to share one’s beliefs of ideas in community with others, particularly through associations of individuals having the same beliefs, ideas or interests.”
“Similarly, freedom of association creates a forum for citizens in which they may freely seek, without any unlawful interference by the state, to move public opinion and achieve their goals. That “forum” cannot exist if the government is at liberty to treat one association as forming part of another or coercing one association to merge with another association.”
“By seeking to suspend and remove trustees, and appoint interim managers for associations, government seems to want to place itself in a position to politicise the mandates of such association, and to undermine the ideas that the right to freedom of association and related rights are supposed to protect in a democratic society.”
“SERAP believes that the government granting itself the powers to suspend and remove trustees of legally registered associations and to take control of their bank accounts constitute an effective restraint on human rights.”
“Allowing the government to take control of the bank accounts of association would impact on the rights of the associations, and also seriously undermine civil, cultural, economic, political and social rights as a whole.”
“These rights are in fact parts of the attributes of citizenship under a free government. “Liberty” includes the right to enjoy the rights to freedom of association, expression and peaceful assembly. Our constitutional jurisprudence and international standards allow only the narrowest range for their restriction.”
“Combatting fraud, mismanagement, corruption, money-laundering and other modes of trafficking by associations is legitimate. However, it is not sufficient to simply pursue a legitimate interest, limitations need also to be prescribed by law and be necessary in a democratic society” Serap said in the statement.