BEN USANG
COMMUNIQUE ISSUED AT THE END OF A ONE DAY CROSS RIVER CIVIL SOCIETY ORGANISATIONS (CSOs) ROUNDTABLE ON CORPORATE AND ALLIED MATTERS (CAMA) ACT 2020 HELD AT THE CONFERENCE HALL OF BUDGET TRANSPARENCY AND ACCOUNTABILITY INITIATIVE(BTAIN) 5 ESIGHI STREET,CALABAR ON THE 28TH OF AUGUST,2020
PREAMBLE
Aware of the implications to the activities of Civil Society Organisations in Nigeria by the signing into law of the Corporate and Allied Matters Act (CAMA) 2020 by the President, Federal Republic of Nigeria and upon due consideration of the urgent necessity to come up with a position for civil Society organisations in Cross River State in response to the uproar generated by stakeholders since the Act became operational in the country, Leader Ben Usang and Hon.Ibor recommended to other CSOs stakeholders the need to immediately convene a Roundtable of CSO representatives to carefully study the CAMA act and explore alternatives that will ensure that the concerns of all stakeholders are properly captured so as to enable smooth implementation of the Act and the supervisory role for the corporate affairs commission. The meeting was attended by representatives of Seventeen Civil Society Organisations based in the state while several others joined the Roundtable deliberations through Virtual link up, many others could not join the meeting due to massive rain in calabar during the period the event was to span. Proceedings at The Roundtable was facilitated by one of the Co-Conveners, Leader Ben Usang, assisted by Jonah Okpa and Micheal Essien (secretariat support) while the other Co-convener, Hon. Ibor made the Resource presentation of relevant sections of the Act, he was assisted by Barrister William Itorok who also made a brief presentation from a Legal Professional’s Perspective. Thereafter, Some participants at the event took turns to comment on the presentations in particular and the provisions of the CAMA act in general.
INTRODUCTION
Representatives from the following organisations listed below who were present at the roundtable took turns to introduce themselves:
1. African Dignity Foundation
2. CEPIN
3. CRAAC
4. CHEDRES
5. Cross River Watch
6. African Child Foundation
7. GADA/CETDA
8. EKAP ACHI FOUNDATION
9. RUCODEV
10. GREEN CONCERN FOR DEVELOPMENT
11. BTAIN
12. COMWATCH
13. EBASE SAM FOUNDATION
14. BF-SEDRWAY
OBSEVATIONS/RESOLUTIONS/RECOMMENDATIONS
After exhaustive deliberations, the following resolutions/recommendations to government were adopted by the participants:
(i) Participants observed the uproar caused by the suspension of the trustees clause in CAMA 2020, considering it as unnecessary since the manifest intention of the provision was the promotion of integrity, transparency, accountability and good governance principles advocated by CSOs from the government and as a result do not have issues with defaulting organisations being sanctioned accordingly, However the Roundtable rejected the provision for a committee appointed by government or its agency to constitute the interim manager for the defaulting organisations from any member of the public. The participants considered that such arbitrary appointments may result in the appointment of persons who are not passionate or committed to the aims and objectives of the organization being sanctioned being in charge of such organisations. The Roundtable then resolved to propose an alternative provisions for this controversial clause;
(ii) Some participants were still concerned that government has not demonstrated sufficient goodwill that CAMA 2020 will not be a tool to victimize organisations that constantly criticize their policies and programs without adequate facts of contravening the CAMA act provisions before it is being sanctioned;
(iii) On the Clause that will allow Corporate Affairs Commission (CAC) to forcefully merge organisations with similar aims and objectives or board of trustees membership, the Roundtable rejected such provision as being repugnant to the nation’s constitutional provision of freedom of association and against the philosophy of voluntary initiative of forming Non Governmental Organisations and as a result recommended for it to be expunged;
(iv) On the penalty, in the act, for Non registered Civil Society Organisations with C.A.C, participants unanimously rejected such penalties as a breach to the fundamental human rights of the members of such organisations to peaceful assembly and they also felt that Federal authorities did not take into consideration the constitutional powers of the states government and local government council to also register organisations operating in their domain meaning that the organisations that may be sanctioned by CAC may have registered with states or local governments where there are;
(v) The participants considered it unfair; unjust, abuse of the principles of separation of powers and that of checks and balance for the Act to empower CAC to be the agency to constitute to be the court of first litigation of organisations the agency deems to have defaulted on the provisions of the act. The Roundtable thereby recommended that the high court should rather be the first court of trial for such cases instead of the CAC panel so as to restrict CAC to the fundamental duty of registration and supervising the activities of organisations it registers;
(vi) The Roundtable considered the provision of liability of members of an organisation’s Board of Trustees to decisions of the Board even in their absence and at variance to the objectives of the organization as being unjust and inappropriate;
(vii) The roundtable also considered the provision where property of the organization deemed in default of the act, being transferred, taken over and used for public interest as being extremely vague and could result in abuse( where the property of a Human Right promoting organization is taken over by an organization promoting playing of football) Instead the conventional procedures adopted by international development organisations, where upon their folding up or completion of projects, their properties are transferred to another organization with similar aims and objectives;
(viii) That sufficient orientation, sensitization and awareness has not been carried out by CAC on the new CAMA act and modalities for its implementation with stakeholders. The Roundtable therefore recommends that CAC immediately commence the process of holding regular stakeholders forum on the act;
(ix) The Roundtable notes the comments of the Vice President of the Federal Republic of the stakeholders affected by the Act, should be willing to propose amendment for the National Assembly to reconsider provisions of the act that may be considered offensive by the stakeholders if they are approved in that regards. The Roundtable therefore resolved to develop a memorandum from the outcome of its meeting to be presented to the relevant National Assembly committee when the call for such memorandum is issued.
CONCLUSION
The Roundtable came to a close after participants had exhausted the scheduled time for the event and the agenda for the meeting. Some interested stakeholders who could not physically be at the meeting sent in comments and inputs via the WhatsA pp Platform created for the Roundtable and Facebook Live used to broadcast the event live to interested subscribers. The views of these external contributors have been considered in arriving at a final communiqué of the event. Participants expressed gratitude to the conveners for promptly organizing the forum to ensure the Civil society of Cross River state will have a voice in the trending debate of the feasibility or otherwise of implementing the 2020 CAMA act. The Conveners responded by appreciating participants for their commitment and dedication to come together to deliberate on issues affecting the Civil Society sector in the state and the Country in general. They enjoined the participants to not be weary of responding to similar calls to discuss urgent matters of importance to the Civil society Community even when such calls are at short notice.
SIGNED:
LEADER BEN USANG JONAH OKPA
(CHAIR,COMMUNIQUE COMMITTEE) (SECRETARY, COMMUNIQUE COMMITTEE)
