The Corporate Affairs Commission (CAC) has been dragged before a Federal High Court sitting in Abuja, over allegation of wrongful denial of Incorporated Trustees name.
The lawyer, Barrister Edward Omaga (Trading under the name and style of Graylaw Solicitors), is seeking a restraining order against Abuja Master Printers League (AMPLE), one of the Defendants in the suit.
Also joined in the suit are Bello Dange, the Registrar-General of CAC and Incorporated Trustees of AMPLE.
In the court process which was filed on 22nd September, 2021 with Suit Number FHC/ABJ/CS/1105/2021, the Plaintiff prayed the court for an order directing the Corporate Affairs Commission (CAC) to immediately cancel, withdraw and or revoke the approval given for the registration of Abuja Masters Printers Leaque pursuant to Section 31 (5) of the Companies and Allied Matters Act, 2020 on the ground that same was registered wrongly, improperly, unjustifiably and unlawfully.
Omaga also begged the court to make an order compelling the Corporate Affairs Commission (CAC) to assign the name Abuja Master Printers League to him for onward registration being that he was entitled ab initio to reserve and register the said name as Incorporated Trustees under Part F of the Companies and Allied Matters Act, 2020.
He prayed the court for an order of perpetual injunction restraining the 4th Defendant either by themselves, agents, proxies and or assigns from parading, further parading and or causing to be paraded as “The Incorporated Trustees of Abuja Master Printers Leaque.
In the affidavit supporting the Originating Summons, deposed to by the Plaintiff himself, he said on 22nd June, 2021, he applied to register the name “Abuja Master Printers League” as an Incorporated Trustees Under Part F of the Companies and Allied Matters Act 2020, and made all the necessary payments. Copies of the payment receipt and other documents evidencing the said application are hereby attached as EXHIBIT 5.
He further said the following:
“That Bello Dange disapproved the name on the ground that it will mislead in view of an earlier registered name which is Association of Professional Printers of Abuja with Number 106576. A Copy of the Notice of Denial is attached as EXHIBIT 6 hereto.
“That being satisfied that Abuja Master Printers League was unavailable for registration, I accordingly advised my clients, the intending Board of Trustees of the proposed name for incorporation, who represent a group of printers practicing in FCT-Abuja.
“That the name Abuja Master Printers League was already undergoing registration with Consent/Availability Code as at 22nd June, 2021 when I applied for reservation of same name but the 1st, 2nd and 3rd Defendants denied and or neglected to disclose that fact to me for no justifiable reason.
“That I conducted an online availability search on 8th July, 2021 which revealed to my astonishment that the same name, save for the slight spelling difference to wit; “LEAQUE” has been registered by the 1st to 3rd Defendants with Registration Number 161131. A Copy each of the online Search Result and Certificate of Incorporation dated 2nd July, 2021 are attached as EXHIBITS 7 and 8, respectively
“That this development caused severe fracas between myself and the proposed Board of Trustees of the denied Abuja Master Printers League which accused me of fraud, cheating, gross incompetence and threatened that they will petition me for professional misconduct before the Legal Practitioners Disciplinary Committee of the Nigerian Bar Association (NBA).
“That I also know that the 1st, 2nd and 3rd Defendant’s action was to my detriment because I also wanted and was qualified to have the said proposed name approved”.
The suit has been assigned to Federal High Court 7 Abuja and will be heard on 24th November, 2021.