A Senior Advocate of Nigeria (SAN), Chief Bolaji Ayorinde has threatened to sue Hussaini Ishaq Magaji, SAN, the Registrar General of the Corporate Affairs Commission (CAC) due to an alleged defamatory publication against the Nigerian Law Society (NLS),
The CAC claims that the NLS, a professional society of lawyers under the chairmanship of Ayorinde, is not registered.
The Nigerian Bar Association (NBA), which represents Nigerian solicitors collectively, is likewise allegedly opposed to the NLS’s formation.
The Registrar General of the CAC had written the Attorney General of the Federation, Lateef Fagbemi, SAN, a letter requesting permission to prosecute the Nigerian Law Society and other corporate bodies that are operating in the nation without proper registration.
Ayorinde stated that he was the first plaintiff in suit No. FHC/ABJ/CS/482/2023 between Chief Bolaji Ayorinde, SAN, OFR & 5 Others V. Corporate Affairs Commission, which was determined on December 15, 2023, in a letter dated August 12 and accepted by the CAC on August 16.
He claimed that the CAC had disregarded the court’s order to register the NLS.
The letter partly read: “In the said judgment, the Honourable Court clearly granted all the Plaintiff’s claims and specifically directed your Commission to register the Nigerian Law Society.
“Your Commission has failed, refused and or neglected to obey the judgment of the Federal High Court and whose judgment remains extant even though you have filed an appeal on record. It is also noted that despite filing the same appeal, you have not secured any order to stay the direction in the judgment.”
Ayorinde claimed that by “deliberately” omitting to mention or hint at the existence of the ruling in suit No. FHC/ABJ/CS/482/2023, the CAC Registrar General had misled the public.
Ayorinde emphasised that the accusations levelled by the CAC against the NLS are unfounded, misleading, and incorrect.
She also requested that the Registrar General issue a public apology to withdraw and correct the purportedly defamatory publication.
Ayorinde forewarned that he would be forced to sue the CAC Registrar General in court to force the retraction if it is not published within seven days of receiving the letter.
“Furthermore, I shall seek monetary damages from you and the Corporate Affairs Commission jointly and severally in the sum of =N=5 Billion Naira.” Ayorinde added
In response, the CAC Registrar informed Ayorinde in a letter dated August 19 that the commission had appealed the ruling and the NLC was acting unlawfully.
The letter read in part: “I am also very sure that you are aware of the seeming fact that CAC has filed an Appeal against the decision of the Federal High Court.
“While I am a bit constrained to agree with your legal postulation which is to the effect that an appeal does not operate as a stay of execution, it is pertinent to note that this principle does not operate as a carte blanche.
“Specifically, it is long settled by the Apex Court that although an appeal does not operate as a stay.
“However, where the appeal is entered, it becomes most desirable for both parties and the trial Court to ensure that no fait accompli is thrust upon the appellate Court.”
The RG added: “My position is very firm; your continuous action of trading under an unregistered name is an infraction and a gross violation of S. 863 (1 ) and (2) of the Companies and Allied Matters Act 2020, which provides thus:
“S. 863 (1) A person or association of persons shall not carry on business in Nigeria as a company, limited liability partnership, limited partnership or under a business name without being registered under this Act.
“(2) If an individual, corporation, or association of persons required under this Act to be registered carries on business without registration or under a name registration of which has been refused or cancelled under this Act, the individual, corporation or every partner in the firm commits an offence and is liable on conviction to a fine prescribed in the Commission’s regulations.”
Nigeria Law Society To Sue CAC N5bn Over ‘Defamatory’ Publication is first published on The Whistler Newspaper