The Nigerian Law Society, NLS, has reported Hussaini Ishaq Magahi, SAN, Registrar General of the Corporate Affairs Commission, CAC, to President Bola Tinubu over alleged violation of the rights of its members.
NLS is a professional association of lawyers which the CAC says is operating without registration.
The emergence of the NLS is also being opposed by the Nigeria Bar Association, NBA, the umbrella body of Nigerian lawyers.
Recently, the Registrar General of the CAC, Magaji, had written to the Attorney General of the Federation, Lateef Fagbemi, SAN, seeking approval to prosecute the NLS and other corporate entities operating without registration in the country.
The CAC had also, on 6th August, 2024, in a publication titled ‘Public Notice Status of Nigeria Law Society’, stated that the NLS is not registered, while describing its activities as illegal.
In a letter dated 22nd August 2024, addressed to President Tinubu, and also copied to the Executive Secretary of the National Human Rights Commission, NHRC, the NLS accused Magaji of using the Police to harass its members instead of waiting for the outcome of an ongoing lawsuit at the Abuja Division of the Court of Appeal.
The letter was signed by NLS President, Chief Bolaji Ayorinde, SAN, and Dr Clinton Tonye Jaja, the Secretary, on behalf of the National Executive Committee of the association.
Parts of the letter read, “We write to request your urgent intervention to call Mr Hussaini Ishaq Magahi, SAN, Registrar General of the Corporate Affairs Commission, CAC, to order to prevent him from further human rights violations against the promoters and members of the Nigerian Law Society, NLS.
“Hussaini Magaji is a Senior Advocate of Nigeria, SAN, which is the highest rank within the legal profession. He ought to understand the rudimentary principle of law that when a lawsuit is already before any court, parties to the lawsuit are supposed to submit all their complaints to the said court of law.
“To the contrary, instead of Hussaini Magaji to submit any complaints against the members of the NLS to the court of law, he has formed the habit of writing petitions to the Department of State Security Services, SSS/DSS, Nigerian Police and Nigerian Communications Commission, NCC, asking them to close down the physical office and website of the NLS.
“Since the week of 12th August 2024, we have been receiving telephone calls from Police officers inviting officials of the NLS because of a petition against the NLS by the said Registrar General. On 21st August 2024, we honoured the invitation at the office of the Nigerian Police Investigation Department, Headquarters, Abuja, and our Director General was informed that he needed a lawyer to stand as surety for him to be granted bail.”
The NLS, in the letter, stressed that the actions of the CAC Registrar General is a violation of relevant laws considering that he is the appellant in an ongoing lawsuit at the Court of Appeal, Abuja Division.
According to the NLS, in the said lawsuit pending at the Court of Appeal, the Registrar General appealed an Abuja Federal High Court judgement, dated 15th December 2023, which directed the CAC to register the Nigerian Law Society.
The Abuja Federal High Court, in the judgement held that Section 40 of the 1999 Constitution permits members of the Nigerian Law Society to form an association and that they should not be denied the right by the CAC based on provisions of the Companies and Allied Matters Act, CAMA, 2020.
The court held that the Constitution is superior and takes precedence over the provisions of other legislations such as the CAMA.
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