A Lagos-based activist lawyer, Chief Malcolm Omirhobo, has written a pre-action letter to the Registrar General of the Corporate Affairs Commission, threatening to sue the commission over the provisions of Section 839 of the newly-passed Companies and Allied Matters Act 2020.

According to the lawyer, the section empowers the CAC to suspend trustees of an association and appoint interim managers for the association.

But Omirhobo contended that the section was unconstitutional.

He said it was inconsistent with the provisions of sections 1(1)(3), 36, 38 and 40 of the 1999 Constitution.

The lawyer said the section constituted “a gross violation of the fundamental rights of Nigerians to fair hearing, freedom of thought, conscience and religion and the right to peaceful assembly and association.”

Omirhobo said, “I urge the commission refrain from implementing the aforementioned provisions of the Companies and Allied Matters Act 2020 and write to the National Assembly to expunge same from the extant Act within the next 30 days of your receipt of this letter, failing which we shall be constrained to take legal action against the Corporate Affairs Commission.

“I trust that in the interest of justice, equity and good conscience, the commission will do the needful as required in a democratic society.”