The Abuja Division of the Federal High Court has dismissed as lacking
in merit, a suit challenging the refusal of the Corporate Affairs Commission
CAC), to register a same sex group under the aegis of Lesbian Equality and Empowerment Initiatives.
The court, in a judgment that was delivered by Justice Nnamdi Dimgba,
held that the decision of CAC not to register the group was in compliance with
section 30 (1) (c) of the Companies And Allied Matters Act CAMA Cap C20 Laws of
Federation of Nigeria 2004.
It held that where the proposed name of a company or its aims and
objectives are caught by the provisions of Section 30 (1) (c) of CAMA, the
Respondent CAC, is duly empowered to reject such an application for reservation
of name or registration.
According to Justice Dimgba, “Section 30(1) (c) of CAMA reads; ”No
company shall be registered under this Act by a name which- (c) in the opinion
of the Commission is capable of being misleading as to the nature or extent of
its activities or is undesirable, offensive or otherwise contrary to public
policy.”
The judgment followed a suit that was filed by one Pamela Adie, who
disclosed that she had sometime in October 2017, established “Lesbian Equality
and Empowerment Initiatives” with an aim to advocate for the rights of
Nigerians that have inclination to same sex relationships.
She told the court that in her bid to legitimize the group, she applied
to the CAC through her lawyer, Fajenyo Kayode for the reservation of the
association’s name.
However, the Commission declined to approve the proposed name on the
ground that it was misleading and contrary to public policy.
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