From: Femi Oyelola, Kaduna
The Federal High Court sitting Kaduna State, has dismissed a suit challenging the election of Reverend Joseph John Hayab as Chairman of the Christian Association of Nigeria (CAN), Northern chapter.
The Plaintiffs in the suit are Reverend Yakubu Pam, the former Chairman of the Northern Christian Association of Nigeria (CAN), and Elder Sunday Oibe, the former Secretary.
Justice H. Buhari, in his judgement, Thursday, stated that the organization under which the lawsuit was filed lacks legal capacity to sue or be sued.
The judge noted that Northern CAN, as presented in the case, is not recognized as a legal entity. Since it has not been registered, it cannot pursue legal action in a court of competent jurisdiction.
Justice Buhari further clarified that only properly incorporated entities possess the corporate legal identity necessary to initiate or defend a lawsuit in their organizational names.
Speaking shortly after the judgement, counsel to the second defendant, Dr. Grace E. Kaka, explained that the court affirmed the legal principle that unincorporated associations cannot initiate legal proceedings in their organizational names.
Also, she stated that the court’s decision has resolved the ongoing litigation, emphasizing that the leadership dispute is an internal matter for the Association.
According to Dr. Kaka, the ruling reinforces the established legal requirement that any association wishing to approach the courts must be duly registered under the Companies and Allied Matters Act (CAMA) in Nigeria. She added that the court’s pronouncement clarifies the status of the current leadership of the Association under Reverend Hayab, who was validly elected to office on February 25, 2025.
