Vice-President Yemi Osinbajo has asked church leaders who are aggrieved over the Company and Allied Matters Act (CAMA) 2020 on the steps to take. O
Vice-President Yemi Osinbajo has asked church leaders who are aggrieved over the Company and Allied Matters Act (CAMA) 2020 on the steps to take.
On August 7, President Muhammadu Buhari signed CAMA into law. Under the law, religious bodies and charity organisations will be strictly regulated by the registrar-general of Corporate Affairs Commission (CAC) and a supervising minister.
CAMA provides that the commission may by order, suspend the trustees of an association or a religious body and appoint an interim manager or managers to coordinate its affairs where it reasonably believes that there has been any misconduct or mismanagement, or where the affairs of the association are being run fraudulently or where it is necessary or desirable for the purpose of public interest.
Many religious leaders, especially pastors, had rejected the law which they described as a declaration of war against the church.
But speaking at the annual general conference of the Nigeria Bar Association on Thursday, Osinbajo asked those aggrieved over the law to approach the national assembly. The vice-president, who is a pastor of the Redeemed Christian Church of God (RCCG), said under democracy the church leaders can seek redress at parliament.
Osinbajo explained, “The Companies and Allied Matters Act is a very huge legislation. It has over 800 sections or so; it is a massive regulation that covers a wide range of issues on companies, all sorts of issues on companies – general meetings, appointment of directors, etc.
“We have a process by which this (CAMA law) can be redressed. Whatever the proposal for amendment may be, whatever the view of the leadership of the church may be, regarding the question of how the trustees, whether they are interim trustees or not, can be put into a proposal that will be brought to the National Assembly for consideration for amendment to the law, that is the process which is entirely opened and ought to be pursued,” he said.
“Now, there is a small section of it called the Incorporated Trustees Section. That small section of it is the section that regulates charities. Churches and mosques are regarded as charities. It is the Incorporated Trustees Section of the Companies and Allied Matters Act that has become controversial. And because churches are charities, provisions in the Incorporated Trustees Section obviously affect churches.
“What the churches are concerned about is the provision that says in the event that some wrongdoing is found or perpetrated by the trustees of a particular organisation or church, the Registrar-General can go to court, get an order to appoint interim trustees for the church or for whichever organisation that be, to manage the affairs of such a trust.
“The concern of the churches is that it could lead to a situation where practically anybody could be appointed as a trustee to oversee a church. And a church or a mosque or a religious organisation, is obviously a spiritual organisation. If you do not belong or you do not share that faith or have any faith at all, you may be the wrong person and the wrong person may be appointed and create more trouble than was initially the matter before the trustees were appointed.
“My view and what I have also suggested to several of the groups that I have spoken to and the leaderships that I have spoken to is that we have a process by which this can be redressed. What can be done is that whatever the proposal for the amendment may be, whatever the views of the church leadership may be regarding the question of how trustees, should be put into a proposal and forwarded to the National Assembly for consideration of an amendment to the law.
“That is a process that is entirely open and I believe that is a process that ought to be pursued where citizens have serious concerns. We are in a democracy; there is a process for which that can be done. Yes, the controversy has generated a lot of fervour but the solution to me seems also quite evident.”
When asked why Nigerian pastors are allegedly refusing to be accountable when some of them, who have churches in the United Kingdom and some other countries, obey similar laws as CAMA, Osinbajo said, “As a general position, I do not think it is right to say that pastors do not want to be accountable. As a matter of fact, as you know I am a pastor, I know that question is also partly directed to me. But I must say that is not the case. I believe that several Christian organisations and pastors are willing to be accountable.
“I think the problem they may have is with ensuring that processes are not abused in such a way to compromise the entire organisation. I think if all that is required is some process of accountability, I think it will be easier for some organisations to accept that. But where there might be a takeover of the management of the organisation, I think there may be fears as to whether such may be abused and really what may be done is to put in place checks and balances to ensure there is no abuse in the event that such provisions are activated in any way. But I don’t think it is a matter of pastors being afraid of accountability.”
