It Is Wrong To Mandate NGOs To Submit Audit Reports Twice In A Year

Christian Association of Nigeria CAN, and other Non Governmental Organisation NGO have again kicked against the proposed amendment of the Company Act CAMA that requires them to submit an audit report of their operation every six months. There was therefore a sharp disagreement between the Christian Association of Nigeria, CAN and various non- governmental organisations over moves by the Senate to amend the Company and Allied Matters Act 2020. Both CAN and the Stakeholders clashed with certain provisions of the Bill, just as the umbrella body of Christians in Nigeria insisted that the amendments being sought in the CAMA was repressive and would infringe on the fundamental human rights of the groups’ promoters. It will be recalled the Nigeria Financial Council had made attempt to get NGO to submit their audit account for scrutiny that raised a lot of dust in the polity

According to the stakeholders, it was wrong to mandate the NGOs to submit their audit reports twice in a year. They spoke at the public hearing organised by the Senate Committee on Trade and Investment, Diaspora and the NGOs. The Sponsor of the bill, Senator Ibrahim Oloriegbe, said that the proposed amendments were meant to strengthen the operations of the NGOs in Nigeria. The Stakeholders who also rejected the appointment of interim managers to take over the duties of their board of trustees whenever there was crisis, insisted that the organisations did not need third parties to solve their issues without the intervention of a third party. They also claimed that the provisions for merger among smaller NGOs would end up in crisis. The memo submitted to the Senate joint panel by CAN was signed by its President, Rev. Samson Ayokunle; General Secretary, Joseph Daramola and Director of Legal and Public Affairs, Comfort Chigbue.

CAN kicked against Section 839 of the bill and declared that it negates the principles of freedom and association, religion, freedom to own a property and freedom of expression as provided for in Sections 38, 39, 40, 43, and 44 of tur 1999 Constitution of the Federal Republic of Nigeria (as amended). Part of the memo read, ” CAN is also calling for amendments of sections 842 of the CAMA 2020 which gives power to direct transfer of credit in dormant account to the Corporation Affairs Commission. This undermine the provisions of Section 37 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which guarantees the rights to privacy. The Amnesty International opposed some provisions in Part F of the CAMA 2020, claiming that some of the measures contained were ill- conceived, disproportionate, unnecessary, and discriminatory. Therefore, Amnesty International however, said it welcomed the proposed deletion of sections 831, 842, 843 and 844 from the CAMA 2020.

Part of its memo presented by Osai Ojigho read, “Notwithstanding these proposed amendments, Part F of CAMA 2020 still contains overly broad powers and vague provisions and provides for an excessive degree of state control and interference in the activities of any association. “Some of these provisions have not been remedied by the proposed CAMA Bill, 2022, and they still impose impermissible restrictions on human rights, including the rights to freedom of expression, peaceful assembly and association.

Amnesty International hereby urges the National Assembly to immediately remove the offending provisions highlighted in this memorandum from the legislation in its proposed amendment.