CAMA 2020 and Bishop Oyedepo

I saw a video where Bishop Oyedepo of Winners Chapel and some pastors were telling their congregations that the Registrar General of the #Corporate_Affairs_Commission has been empowered to unilaterally remove Trustees of a church without recourse to the court and that such removal shall be final.

I think the Bishop misinterpreted the Act. I dont know if the Bishop was referring to any other Law apart from the Companies and Allied Matters Act 2020. 

Some pastors have also asked their members to fast and pray for the death of the Registrar General.

Section 839 of CAMA 2020 provides;

The Commission may by order suspend the trustees of an association and appoint an interim manager or managers to manage the affairs of an association where it reasonably believes that —

(a) there is or has been any misconduct or
mismanagement in the administration of the
association;

(b) it is necessary or desirable for the purpose of —

(i) protecting the property of the association,

(ii) securing a proper application for the property of the association towards achieving the objects of the association, the purposes of the association of that property or of the property coming to the association,

(iii) public interest; or

(c) the affairs of the association are being run
fraudulently.

There is nowhere in the CAMA 2020 where the Registrar General was empowered to remove the Trustees unilaterally.

Sub section 2 provides:

(2) The trustees shall be suspended by an order of Court upon the petition of the Commission or members consisting one-fifth of the association and the petitioners shall present all reasonable evidence or such evidence as requested by the Court in respect of the petition.

 In other words, the move to remove a trustee must start from the CHURCH and MOSQUE members themselves.

I think the Bishop also misinterpreted sub section 7 of section  839 which states that  where, at any time after the Commission has made an enquiry into the affairs of the association, it is satisfied as to the matters mentioned in subsection (1), it may suspend or remove —

(a) any trustee who has been responsible for or privy to the misconduct or mismanagement or whose conduct contributed to or facilitated it; or

(b) by order of the Court, establish a scheme for the administration of the association.

Sub section 7 cannot be exercised unilaterally by the Commission. There are 3 conditions precedent to be fulfilled ;

1.  The Commision must first make enquiry into  the affairs of the association.

2. The Commission will comply with the provisions of sub section 1 which requires that an order of court must be obtained.

3. The commission must seek the approval of the supervising Minister.  see section 839 (11) of the Act.

The Act did not provide also that the applicants under this section should come by way of #motion_ex_parte. Definitely the Trustees concerned will be put on #notice.

The above provisions is not anyway beneficial to the government. It is similar to the minority protection provisions under Part A of CAMA. It is a way of telling members of a church and mosque and other non governmental organisations that their voices could be heard where they are aggrieved over the management and administration of such organisations.
 
So before you start praying for the death of the Registrar General of #Corporate_Affairs_Commission, you should know that the provision of the new CAMA is for your benefit. 
As ordinary member of a church or mosque, you can now ask your imams, alfas, pastors and General Overseers questions relating to finances and management of the mosques and Churches.