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The Federal High Court of Kaduna State has dismissed the lawsuit brought by former Northern CAN Chairman, Reverend Yakubu Pam, and former Secretary, Elder Sunday Oibe, contesting the election of Reverend Joseph John Hayab as the Chairman of the Northern chapter of the Christian Association of Nigeria.
In its ruling on Thursday, the court determined that the organization under whose name the suit was filed does not possess the legal capacity to initiate or defend a lawsuit.
Justice H. Buhari, in delivering the judgment, stated that Northern CAN, as referenced in the lawsuit, is not recognized under the law as a legal entity, emphasizing that it has not been registered and thus cannot pursue any legal action in a court of competent jurisdiction under that name.
The judge further noted that only duly incorporated entities have the corporate legal identity necessary to file or respond to a lawsuit in their corporate names.
Speaking to reporters, Counsel for the second defendant, Dr. Grace E. Kaka (Esq.), clarified that the court upheld the legal principle that unincorporated associations cannot initiate judicial proceedings in their organizational names.
She remarked that the court's ruling has resolved the ongoing litigation, indicating that the leadership dispute is fundamentally an internal matter within the Association.
According to her, the judgment reinforces the established legal principle that any association seeking to engage with the courts must be properly registered under the Companies and Allied Matters Act (CAMA) in Nigeria. She added that the court's ruling clarifies the status of the current leadership of the Association, which is headed by Reverend Hayab, having been legitimately elected on February 25, 2025.
Frequently Asked Questions
What was the outcome of the lawsuit filed against Reverend Joseph John Hayab?
The lawsuit was dismissed by the Federal High Court of Kaduna State, ruling that the organization involved lacked the legal capacity to sue.
Why was the Northern CAN not able to pursue the lawsuit?
The court determined that Northern CAN is not recognized as a legal entity because it has not been registered, thus it cannot maintain any legal action.
What does the judgment mean for the leadership of the Association?
The judgment confirms the legitimacy of Reverend Hayab's leadership, as he was validly elected on February 25, 2025, and clarifies that any disputes are internal matters.
Eze Chidiebere Paul
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