Socio-Economic Rights and Accountability Project (SERAP) has sent an
\nopen letter to President Muhammadu Buhari requesting him to “urgently
\nrescind your assent to the Companies and Allied Matters Act, 2020, [CAMA
\n2020], and to send the legislation back to the National Assembly to
\naddress its fundamental flaws, including by deleting the repressive
\nprovisions of the Act, particularly sections 839, 842, 843, 844 and 850
\ncontained in Part F of the Act, and any other similar provisions.”<\/p>\n
The organization is also urging him to “instruct the Registrar-General
\nof the Corporate Affairs Commission, Alhaji Garba Abubakar, and Attorney
\nGeneral of the Federation and Minister of Justice, Abubakar Malami, SAN,
\nnot to implement or enforce the CAMA 2020 until the legislation is
\nrepealed by the National Assembly and brought in line with the
\nConstitution of Nigeria 1999 (as amended), and Nigeria’s international
\nhuman rights obligations.”<\/p>\n
In the letter dated 22 August, 2020 and signed by SERAP deputy director
\nKolawole Oluwadare, the organisation said: “With these provisions, the
\ngovernment now has overly broad and discretionary powers to arbitrarily
\nwithdraw, cancel or revoke the certificate of any association, suspend
\nand remove trustees, take control of finances of any association, and to
\nmerge two associations without their consent and approval of their
\nmembers.”<\/p>\n
According to SERAP, “Rather than taking concrete measures to improve the
\nlegal environment and civic space that would ensure respect for human
\nrights and media freedom, your government has consistently pursued
\ninitiatives to restrict the enjoyment of citizens’ human rights. These
\nrights are protected from impairment by government action.”<\/p>\n
SERAP said: “These restrictions, coupled with repressive broadcasting
\ncodes and Nigerian security agencies’ relentless crackdown on peaceful
\nprotesters and civil society, demonstrate the government’s intention to
\nsuppress and take over independent associations.”<\/p>\n
The letter, read in part: “SERAP is concerned that the provisions would
\nbe used by the authorities to exert extensive scrutiny over the internal
\naffairs of associations, as a way of intimidation and harassment, which
\nwould eventually unduly obstruct the legitimate work carried out by
\nassociations.”<\/p>\n
“We would be grateful if the requested action and measures are taken
\nwithin 14 days of the receipt and\/or publication of this letter. If we
\nhave not heard from you by then, the Registered Trustees of SERAP shall
\ntake all appropriate legal actions to compel you and your government to
\ntake these measures in the public interest.”<\/p>\n
“Please note that SERAP has instructed its Legal Counsel Femi Falana,
\nSAN to take all appropriate legal actions on our behalf should your
\ngovernment fail and\/or neglect to act as requested.”<\/p>\n
“Citizens’ decision to join with others in pursuit of a common goal is a
\nfundamental aspect of their liberty. The right to freedom of association
\nalso plainly presupposes a freedom not to associate. This freedom is at
\nrisk if the government can compel a particular citizen, or a discrete
\ngroup of citizens, to merge their associations.”<\/p>\n
“Constitutional guarantees of freedom of association would be very
\nlimited if they are not accompanied by a guarantee of being able to
\nshare one’s beliefs of ideas in community with others, particularly
\nthrough associations of individuals having the same beliefs, ideas or
\ninterests.”<\/p>\n
“Similarly, freedom of association creates a forum for citizens in which
\nthey may freely seek, without any unlawful interference by the state, to
\nmove public opinion and achieve their goals. That “forum” cannot exist
\nif the government is at liberty to treat one association as forming part
\nof another or coercing one association to merge with another
\nassociation.”<\/p>\n
“By seeking to suspend and remove trustees, and appoint interim managers
\nfor associations, the government seems to want to place itself in a
\nposition to politicise the mandates of such association, and to
\nundermine the ideas that the right to freedom of association and related
\nrights are supposed to protect in a democratic society.”<\/p>\n
“SERAP believes that the government granting itself the powers to
\nsuspend and remove trustees of legally registered associations and to
\ntake control of their bank accounts constitute an effective restraint on
\nhuman rights.”<\/p>\n
“Allowing the government to take control of the bank accounts of
\nassociation would impact on the rights of the associations, and also
\nseriously undermine civil, cultural, economic, political and social
\nrights as a whole.”<\/p>\n
“These rights are in fact parts of the attributes of citizenship under a
\nfree government. “Liberty” includes the right to enjoy the rights to
\nfreedom of association, expression and peaceful assembly. Our
\nconstitutional jurisprudence and international standards allow only the
\nnarrowest range for their restriction.”<\/p>\n
“Combatting fraud, mismanagement, corruption, money-laundering and other
\nmodes of trafficking by associations is legitimate. However, it is not
\nsufficient to simply pursue a legitimate interest, limitations need also
\nto be prescribed by law and be necessary in a democratic society.”<\/p>\n
“Under the Nigerian Constitution and international human rights law,
\ncontrols need to be fair, objective and non-discriminatory, and not be
\nused as a pretext to silence critics. Your government has legal
\nobligations to create an enabling environment in which associations can
\neffectively carry out their legitimate activities.”<\/p>\n
“These restrictions have no legal basis, as they fail to meet the
\nrequirements of legality, legitimacy, proportionality and necessity. The
\nHuman Rights Council has called on States to ensure that any regulations
\nof associations ‘do not inhibit the independence and functional autonomy
\n[of associations]'”<\/p>\n
“We have also sent a Pre-Action Notice of a lawsuit pursuant to Section
\n17[2] of the Companies and Allied Matters Act 2020, to the Corporate
\nAffairs Commission to urgently initiate, promote and support deletion of
\nSections 839, 842, 843, 844 and 850 and any other repressive provisions
\nof the Companies and Allied Matters Act 2020.”<\/p>\n
“In communication No. 1274\/2004, the Human Rights Committee observed
\nthat ‘the right to freedom of association relates not only to the right
\nto form an association, but also guarantees the right of such an
\nassociation freely to carry out its statutory activities. The protection
\nafforded by article 22 of the International Covenant on Civil and
\nPolitical Rights extends to all activities of an association.'”<\/p>\n
“According to the Committee, ‘the existence and operation of a plurality
\nof associations, including those which peacefully promote ideas not
\nnecessarily favourably received by the government or the majority of the
\npopulation, is a cornerstone of a democratic society.'”<\/p>\n
“Under international law, the use of the term “democratic society”
\nplaces the burden on States imposing restrictions on freedom of
\nassociation to demonstrate that the limitations do not harm the
\nprinciples of pluralism, tolerance and broadmindedness.”<\/p>\n
“The Committee on Economic, Social, and Cultural Rights has also called
\non states not to pass legislation that would ‘give the Government
\ncontrol over the right of associations to manage their own activities.'”<\/p>\n
“Associations, as organised, independent, not-for-profit bodies based on
\nthe voluntary grouping of persons who pursue activities on a wide range
\nof issues, such as human rights, democratic reforms, and social and
\neconomic development, are an integral part of democratic institutions.”<\/p>\n
“The right to freedom of association is to be enjoyed alone or in
\ncommunity with others. Without this collective dimension, the effective
\nrealisation of the right would often not be possible. SERAP believes
\nthat the rights to freedom of association, freedom of expression and
\npeaceful assembly to advance beliefs and ideas are inseparable aspects
\nof the “liberty” assured by due process of law.”<\/p>\n
“The right to freedom of association is interrelated with other human
\nrights and freedoms, including the rights to freedom of expression,
\nfreedom of peaceful assembly, protection of property, the private life
\nand correspondence, an effective remedy, fair trials; and right to be
\nprotected from discrimination.”<\/p>\n
“A genuine and effective respect for freedom of association cannot be
\nreduced to a mere duty on the part of the State not to interfere.
\nTherefore, it is incumbent upon your government and all public
\nauthorities to respect and protect this right, and to guarantee the
\nproper functioning of an association, even when they annoy or give
\noffence to persons opposed to the lawful ideas or claims that they are
\nseeking to promote.”<\/p>\n
“Any limitations on human rights, including the right to freedom of
\nassociation must be proportionate to the interest to be protected, and
\nmust be the least intrusive means to achieve the desired objective.”<\/p>\n
“Implementing or enforcing these repressive provisions will have a
\nsignificant chilling effect on legitimate activities of associations,
\nand would seriously undermine their independence and operations.”<\/p>\n
“SERAP considers the CAMA 2020 the most repressive legislation in
\nNigeria’s history, especially given the unlawful and impermissible
\nrestrictions contained in Part F of the Act.\u00a0 Sections 831, 839, 842,
\n843, 844 and 850 of the Act are manifestly inconsistent with sections
\n36, 39 and 40 of the Constitution of Nigeria 1999.”<\/p>\n
“Under section 831[i][ii], the government through the Corporate Affairs
\nCommission (CAC) is empowered to treat any unregistered association as
\npart of an already registered association, and without any lawful
\njustifications whatsoever. The government also has the power to treat
\ntwo or more associations as a single association on the flimsy pretext
\nthat the associations have the same trustees.”<\/p>\n
“Section 839[1] and [7] of the Act also grants the government through
\nthe Corporate Affairs Commission the powers to arbitrarily and
\nunilaterally suspend and remove the trustees of any legally registered
\nassociation, and to appoint an interim manager or managers to run the
\naffairs of any such association, if the Commission reasonably believes
\nthat there is “misconduct, mismanagement, and fraud” in the association,
\nor on the basis of undefined “public interest.”<\/p>\n
“The government will determine and decide what constitutes “public
\ninterest” in all cases. The exercise of the powers under section
\n839[1][7] is subject only to the approval of the supervisory Minister, a
\npolitical appointee.”<\/p>\n
“Similarly, sections 842, 843 and 844 grants the government through the
\nCorporate Affairs Commission overly broad powers and discretion to
\narbitrarily, unlawfully and unilaterally regulate the finances of any
\nassociation, and to take control and take over bank accounts lawfully
\nbelonging to legally registered associations under Part F of the CAMA
\n2020.”<\/p>\n
“Further, section 850[2][e] empowers the government through the
\nCorporate Affairs Commission to arbitrarily and unilaterally withdraw,
\ncancel or revoke the certificate of registration of any duly and legally
\nregistered association.”<\/p>\n
“These repressive provisions clearly and directly threaten and violate
\nthe rights to freedom of association, freedom of expression, peaceful
\nassembly, privacy, property, and other human rights guaranteed under the
\nNigerian Constitution and international human rights treaties such as
\nthe International Covenant on Civil and Political Rights and the African
\nCharter on Human and Peoples’ Rights to which Nigeria is a state party.”<\/p>\n
“SERAP notes that legally registered associations have also deposited
\ntheir constitutions and other documents with the Corporate Affairs
\nCommission under the now repealed and replaced CAMA 2004.”<\/p>\n
“The Commission also enjoyed wide-ranging powers under CAMA 2004 to
\nregulate these associations, as the associations are required to
\nperiodically report to the Commission. Registered associations are also
\nregulated under other existing laws, including anti-corruption and money
\nlaundering laws, the Criminal Code and Penal Code.”<\/p>\n
Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to President Muhammadu Buhari requesting him to “urgently rescind your assent to the Companies and Allied Matters Act, 2020,…<\/p>\n","protected":false},"author":1,"featured_media":49993,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[17],"tags":[],"class_list":["post-75488","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-exclusive"],"yoast_head":"\n