A Federal High Court in Kaduna has struck out the suit filed by former Northern CAN Chairman Reverend Yakubu Pam and former Secretary Elder Sunday Oibe challenging the emergence of Reverend Joseph John Hayab as Chairman of the Northern chapter of the Christian Association of Nigeria.
The court in it’s judgment on Thursday, held that the body in whose name the action was instituted lacks the legal capacity to sue or be sued.
Delivering the judgment, Honorable Justice H. Buhari held that Northern CAN, as presented in the suit, is not recognised in law as a juristic person. Same not having been registered and therefore cannot maintain any action before a court of competent jurisdiction in that name.
The judge added that only properly incorporated bodies possess the corporate legal identity required to institute or defend a lawsuit in their corporate name.
Briefing journalists, Counsel to the 2nd Defendant Dr. Grace E. Kaka Esq., explained that the court affirmed the legal position that unincorporated associations cannot activate judicial processes in their organisational names.
She stated that the court’s decision has laid to rest the existing litigation and at best, the leadership tursel was an internal affairs of the Association.
According to her, the judgement reinforces the long standing legal principle that any association seeking to approach the courts must be duly registered under the Companies and Allied Matters Act (CAMA) in Nigeria, adding that the court’s pronouncement leaves no ambiguity about the status of the current leadership of the Association led by Reverend Hayab. Haven been validly elected into office on 25th February, 2025.
