The Kaduna State Federal High Court has struck out the suit filed by former Northern CAN Chairman, Reverend Yakubu Pam, and former Secretary, Elder Sunday Oibe, challenging the emergence of Reverend Joseph John Hayab as Chairman of the Northern chapter of the Christian Association of Nigeria.
The court, in its judgment on Thursday, held that the body in whose name the action was instituted lacks the legal capacity to sue or be sued.
Delivering the judgment, Justice H. Buhari held that Northern CAN, as presented in the suit, is not recognised in law as a juristic person, stressing that it has not been registered and therefore cannot maintain any action before a court of competent jurisdiction in that name.
The judge added that only properly incorporated bodies possess the corporate legal identity required to institute or defend a lawsuit in their corporate name.
Briefing journalists, Counsel to the 2nd Defendant, Dr. Grace E. Kaka (Esq.), explained that the court affirmed the legal position that unincorporated associations cannot activate judicial processes in their organisational names.
She stated that the court’s decision has laid to rest the existing litigation and, at best, the leadership tussle was an internal affair of the Association.
According to her, the judgment reinforces the long-standing legal principle that any association seeking 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 leaves no ambiguity about the status of the current leadership of the Association led by Reverend Hayab, having been validly elected into office on 25th February, 2025.