The Christian Association of Nigeria (CAN) has rejected the Companies and Allied Matters Act 2020 recently assented to by President Muhammadu Buhari.
The body described the act as unacceptable, ungodly, reprehensible and an ill-wind that would blow no one any good.
It therefore called on the federal government to stop the implementation of the law until the religious institutions were exempted from it.
They urged Buhari to urgently return the law to the National Assembly for immediate amendment.
The Christian body made the position known Thursday in a statement by Special Assistant to CAN President, Pastor Adebayo Oladeji.
While noting that the association was not against the government fighting corruption, CAN said it rejected the idea of bringing the church, which is technically grouped among the NGOs, under government’s control.
Oladeji argued that Nigeria should not be compared to any other nation when it comes to the relationship between religious institutions and government.
The body said: “In Nigeria, people’s religions are tied to their humanity and of course, their life. The satanic section of the controversial and ungodly law is Section 839 (1) &(2) which empowers the Commission to suspend trustees of an association (in this case, the church) and appoint the interim managers to manage the affairs of the association for some given reasons.”
“The Church cannot be controlled by the government because of its spiritual responsibilities and obligations. We recall that during the First Term of the President, there was a Public Hearing conducted by the National Assembly on the Non- Governmental Organisations Bill tagged ‘Bill for an Act To Provide For The Establishment Of The Non-Governmental Organisations Regulatory Commission For The Supervision, Co-ordination And Monitoring Of Non Governmental Organizations’ which was attended by CAN and many NGOs’.
“At the Public Hearing, the Bill that sought to bring the religious organisations and NGOs under the control and influence of the government was totally rejected because it would snuff life out of the church and rank the church as a secular institution under secular control. We thought it was all over until we heard of the CAMA that was assented to by the President, making the rejected bill a law.
“How can the government sack the trustee of a church which it contributed no dime to establish? How can a secular and political minister be the final authority on the affairs and management of another institution which is not political? For example, how can a non-Christian head of Government Ministry be the one to determine the running of the church?
“It is an invitation to trouble that the government does not have power to manage. Let the government face the business of providing infrastructure for the people.
“Let them focus on better health provision, food, education, adequate security employment, etc. The government should not be a busy body in a matter that does not belong to it. The government does not have the technical expertise to run the church of God because of its spiritual nature.”
Oladeji warned that “if the government insists on imposing the law on the Church, then, they have declared war on Christianity and the agenda to destroy the Church which we have spoken against before now is coming to the open more clearly.
“If you cannot give us good amenities of life, we would not allow you to take away our liberty to worship our Maker.
“We call on all well meaning Nigerians to ask the Federal Government to suspend the law because we do not need it in this nation.”
NBA kicks
Similarly, the Nigerian Bar Association (NBA), Effurun branch in Delta state Thursday threatened legal action over the CAMA Act.
The NBA chair, Mr. Jonathan Ekperusi issued the threat when he led members of the legal profession on a courtesy visit to the Nigeria Union of Journalists(NUJ), Warri Correspondents’ Chapel.
He said the CAMA 2020 Act was smuggled into the law establishing the Corporate Affairs Commission (CAC) through the backdoor.
Ekperusi, who was flanked by Mrs. K.P.I. Bello, Kingsley. O. Idisi Esq, Prosper Oke Akpoveta Esq, Oghenetega Ikpen Esq and others, said: “Part “C” which is controversial provision of the CAMA law gives the Registrar -General of the Corporate Affairs Commission, CAC, the power to strictly regulate religious bodies including Islamic groups as well as charity organizations and their existence.”
By that Act, he said, the Registrar-General has the powers to suspend trustees of an association or a religious body and appoint an interim manager or managers to coordinate its affairs without recourse to a court of law.
This he said is “violence” of the fair hearing provisions of Nigeria’s Constitution.
He said: “That’s too draconian. CAC does not need the court again. They’re now the prosecutor and the judge. No sane society should allow that to happen. That cannot stand. NBA will challenge that obnoxious law. It is for the ease of doing business. They use the provisions of part “A”,” B”&”C”.
While noting that there is a time bomb in part “C” of the CAMA Act 2020, Ekperusi said: “We will approach the court. Those sections will be struck out.”
‘CAMA as conspiracy’
Holding a similar position, the Resource Centre for Human Rights & Civic Education (CHRICED) said it had analysed the provisions of the amended CAMA 2020 Act.
CHRICED said: “Going by the intrusive, repressive and obnoxious provisions concerning incorporated trustees as contained in the new law, it is apparent that the government has turned its lawmaking function into a sinister conspiracy against citizens.”
In a statement signed by its Executive Director, Comrade Dr. Ibrahim M. Zikirullahi, the group said: “We make no mistake about the fact that the target of the draconian sections of the law are the critical voices and organizations amplifying citizens demands for transparency, accountability and good governance.”
CHRICED condemned and rejected the act, describing it as suffocating and basically rehashed from the discredited NGO Regulation Bill that was overwhelmingly rejected by Nigerians last year.
“It is those same despicable provisions that the government has surreptitiously smuggled into the CAMA Act. The subversion of the lawmaking function of the State, and the use of a rigged legislative process to foist oppressive and unworkable laws on citizens are tell-tale signs of a government that has lost the confidence and legitimacy of the people,” the group said.
“The opaque, nocturnal and non-inclusive manner in which the amendments in the CAMA were effected, without recourse to exhaustive consultations, through public hearing and robust debates involving citizens, robs those horrible provisions of their legitimacy.
“One of such vexatious CAMA provisions, as it affects registered associations, is the power grab by the government, as seen in Section 839 of the law.
“With this particular section, the Corporate Affairs Commission (CAC) is empowered to suspend the trustees of an association and appoint an interim manager. Also, Section 842(2) gives the CAC the powers to dissolve associations ‘for unsatisfactory response to CAC request for evidence of activities over dormant accounts.’
“This gives the CAC draconian powers to shut down associations, without recourse to the courts. It also means that the CAC without recourse to the judicial process, can wake up one day, and use the ground of ‘unsatisfactory response’ to dissolve an association of citizens. The bottom line is that even if such an association is eventually proved innocent the damage to its brand, reputation and operations is already done.
“It is an irony that a government which has not been able to summon the political will to dissolve national challenges such as chronic insecurity, employment, lack of quality health services, dilapidated national infrastructure and extreme poverty, is so eager to dissolve associations formed by citizens.
“Unfortunately, even some NGOs, which should know that the CAMA Act 2020 with these toxic provisions constitutes an attempt to clamp down on the people, have been the ones applauding and giving dubious thanks to the government. For us, such a position of some NGOs is akin to thanking someone for giving you poisoned food.
“It is, therefore, our considered position that the lack of transparency, consultation, and inclusive debate on the provisions affecting registered associations, amounts to a coup against the constitutionally guaranteed right of citizens to associate freely. No legislation passed through the back door can usurp the rights of citizens as conferred by the Constitution.
“Section 40 of the 1999 Constitution (as amended), states that ‘Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests.”
