By B.C Obilor

Recently, there have been agitations, murmurings, and expressions of deep concern about the recent passage into law of the COMPANIES AND ALLIED MATTERS ACT 2020( CAMA). Many people have expressed fears over the said law. Some are of the opinion that the said law contains provisions which purport to give the government, through the Corporate Affairs Commission, the power to suspend leaders of churches and take over their churches.

Infact, many stake holders have expressed displeasure over the new Law, thus,there seems to be multitude of grievances, over the said law, but I wish to express my opinion over the part that most religious leaders are frowning at.

I would have loved to pluck out the provisions of the said law as contained in Section 839, where in it is ingrained in the Statute book, ipsissima verba, however, for the sake of brevity I will only make reference to it.

I have carefully perused through the said provisions, and in my opinion, it is good. I want to disabuse the minds of those who think that the provisions is a threat to the Church. It is not. A clear conscience, they say, fears no accusations. I do not see why the said provision should be a turn in the flesh of religious organizations.

The said provision of the law which allows the COMMISSION to appoint a Trustee or manager for an association, can only be activated when there is need. Infact the said power can not be exercised without an order of the COURT. Thus, for the court to make such an order, the Commission will have to provide sufficient reasons for such grant. The court cannot give at the order like a cherry.

In otherwords, only Churches or organizations with allegations of mismanagement of funds and lack of transparency will stand at risk of being investigated and subsequently, their leaders removed if need be. Be it as it may, a court order is needed as that can not be done arbitrarily.

It follows therefore that any church that displays a transparent, honest administration of it’s affairs ,and keeps straight forward records of it’s finances has nothing to worry about. The provision in question, to me , is a welcome development and will go along way to check mate excesses and unwholesome, and unscrupulous bankrolling and spending of tithes payers money by some religious leaders.

Let your heart not be troubled! There is no cause for alarm. No need for the headache!

By: B.C OBILOR( bcobilor@nigerianbar.ng)