By John Azu
A Federal High Court in Abuja has fixed November 24 for hearing in a suit filed by the Chartered Institute of Forensics and Certified Fraud Investigators of Nigeria (CIFCFIN), challenging the power of the Institute of Chartered Accountants of Nigeria (ICAN) to train and issue qualifying certificates to forensic professionals.
The matter, which is before Justice Joyce Abdulmalik, was initially scheduled for mention on Tuesday but was adjourned to enable the parties to properly appear before the court.
In the suit filed through its counsel, Shaibu Enejoh Aruwa (SAN), CIFCFIN argued that, by the combined provisions of Sections 2(a)-(i), 3(1)(a), 4(a)-(c), 6(2), 12(2), 13(1)(f) and (g), 17(1)(a) and (b), and 22 of the Chartered Institute of Forensics and Certified Fraud Investigators of Nigeria (Establishment) Act No. 45, 2022, ICAN lacks the power to offer a “Certification Programme culminating in the award of Certified Forensic Accountant of Nigeria (CFAN).”
In an affidavit deposed to by CIFCFIN’s Head of Legal and Corporate Services, Mohammed Arafat, the institute said ICAN’s invitation to chartered accountants, compliance managers, bankers, investment analysts, auditors, staff of anti-corruption agencies and other institutions to register for a seven-day professional certification programme culminating in the award of the CFAN certificate was outside its statutory mandate.
It argued that the programme could create confusion among members of the public regarding the body legally empowered to certify and regulate professionals in the field of forensics in Nigeria.
Consequently, CIFCFIN is asking the court to set aside and nullify the award of the CFAN qualification or certificate, as well as any other qualification or certificate in the field and practice of forensics in Nigeria issued by ICAN.
It is also seeking an order directing ICAN to withdraw, retract or cease any publication, gazette notice or public representation asserting that it has the power to certify or license forensic professionals.
In addition, CIFCFIN is seeking an order of perpetual injunction restraining ICAN, its Council, officers, servants or agents from issuing, purporting to issue, advertising or recognising the “Certified Forensic Accountant of Nigeria (CFAN)” qualification, designation, licence or certification.
The plaintiff is also asking the court to restrain ICAN from issuing or recognising any title or award identical or similar to those created under Sections 3(1)(a), 4(a)-(c) and 22 of the Chartered Institute of Forensics and Certified Fraud Investigators of Nigeria (Establishment) Act No. 45, 2022, or any other qualification or certificate in the field and practice of forensics in Nigeria.
Among other reliefs, CIFCFIN wants the court to declare that, by the combined provisions of Sections 2(a)-(i), 3(1)(a), 4(a)-(c), 6(2), 12(2), 13(1)(f) and (g), 17(1)(a) and (b), and 22 of the 2022 Act, ICAN cannot offer a “Certification Programme culminating in the award of Certified Forensic Accountant of Nigeria (CFAN).”