In line with the government's
desire to improve the ease of doing business, the CAMA 2020 introduced
commendable provisions such as the replacement of authorized share capital with
minimum issued share capital, the introduction of single-member companies, among others. In addition, The Administrative Proceedings Committee (APC) was established. The APC
was introduced by Section 851 of the new CAMA as an administrative
tribunal for resolution of disputes or grievances arising from the operation of
CAMA. It is expected to be a vital tool for the Corporate Affairs Commission in
ensuring compliance with the provisions of the Act. The APC, though laudable, is
not without challenges and drawbacks.
This work critically examined the composition of the
APC and it’s roles and underscored the fact that there is likelihood of bias
and parties may not be guaranteed fair hearing given the composition of the
APC. Another troublesome issue considered is that the APC in carrying out it’s
roles may be encroaching into the exclusive jurisdiction of the Federal High
Court, conferred upon it by Sec 251 of the Nigerian Constitution 1999 (As
amended).
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