CAC Archives - CITY LAWYER MAGAZINE

EDITOR'S CHOICE
Apr 01, 2022
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CAC, AMCON, BRIPAN PARTNER TO BOOST SERVICES

The Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) has met with the management of Asset Management Corporation of Nigeria (AMCON) towards improving the insolvency practice and licensing in the country.

The President of BRIPAN, Mr. Ayodele Akintunde, SAN, who led the delegation to AMCON office in Abuja, said the agency had done a good job in trying to stabilise the banking system by ensuring that debts are taken care of.

“The debt recovery regime in Nigeria is still a work in progress such that law reform, training and necessary support are needed to ensure that recovery of debt and sales of assets are easily achievable,” he said.

He said the idea of the visit was to partner with the agency towards improving the insolvency practice and business rescue mechanism available in Nigeria, adding that it was also to improve the training of insolvency practitioners.

The Managing Director of AMCON, Ahmed Kuru, said that the corporation had recovered a debt of N1 trillion since inception “and has anchored a lot of businesses that are presently running.” Kuru said that the corporation had resolved more than four to five thousand business relationships.

He explained that the organisation is not a hospital where if businesses fail, you just walk in and AMCON takes over. According to him, that is a very wrong impression of the corporation. “We don’t take, have not taken and will not take any case like that. AMCON is still battling with the ones taken during the global financial crisis,” he said.

“AMCON is created to buy non-performing loans, resuscitate the non-performing loans even though some of these non-performing loans have been with these banks for more than 10 to 15 years before being transferred to AMCON. AMCON has been able to resolve quite a lot of those transactions and in doing that, it has recovered a lot of funds.”

Also in a visit to the Corporate Affairs Commission (CAC), Akintunde said the essence was to engage with the Registrar-General and his executive team to explore further areas of cooperation.

“As you all know, CAC is a regulator of insolvency practice in Nigeria,” he said. “And as the leading provider of insolvency training and certification in Nigeria, we have come to have a useful discussion with the registrar-general about improving the practice of insolvency, improving the licensing of insolvency, improving training and capacity building even within the CAC and among practitioners.”

Responding, the Registrar-General, Alhaji Garba Abubakar assured BRIPAN of his support in the improvement of insolvency regime in Nigeria.

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EDITOR'S CHOICE
Mar 13, 2022
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AKPATA IMPLEMENTS NEW CONSTITUTION, SETS UP DIASPORA FORUM

Barely 48 hours after CITY LAWYER broke the news of approval of the Nigerian Bar Association (NBA) amended Constitution by the Corporate Affairs Commission (CAC), the NBA leadership under Mr. Olumide Akpata has commenced implementation of the new constitution.

In a press statement made available to CITY LAWYER by NBA Publicity Secretary, Dr. Rapulu Nduka, the association stated that “The forum is to serve as a platform to connect and provide a voice for all persons qualified to practice law in Nigeria, but resident outside Nigeria.”

The statement added that “This forum will also serve as a structured platform through which all lawyers in the diaspora may contribute their quota – individually and collectively – to the development of the Nigerian Bar, the Nigerian legal system, and the practice of law in Nigeria.”

Section 4 of the amended constitution provides that “There shall be three categories of membership: Full Membership, Honorary Membership, and International Membership.” Section 4(3) further provides that “Any person who is called to the bar or qualified to practice as a lawyer in any jurisdiction other than Nigeria may apply to be admitted as an international member of the Association upon the payment of a prescribed subscription fee.”

The full text of the press statement reads:

NBA ESTABLISHES LAWYERS IN DIASPORA FORUM (LDF)

Dear Colleague,

Recall that one of the innovations in the recently amended NBA Constitution 2021, is the establishment of a Lawyers in Diaspora Forum (LDF). The forum is to serve as a platform to connect and provide a voice for all persons qualified to practice law in Nigeria, but resident outside Nigeria. This forum will also serve as a structured platform through which all lawyers in the diaspora may contribute their quota – individually and collectively – to the development of the Nigerian Bar, the Nigerian legal system, and the practice of law in Nigeria.

To join this forum, a prospective member must (i) be qualified to practice law in Nigeria; (ii) belong to a branch of the NBA; (iii) have paid his/her Bar Practice Fees; and (iv) be resident outside Nigeria. Anyone who meets these requirements is urged to kindly complete the attached form –
https://forms.gle/FduB6ACviQCRcYz76

Kindly note that the personal data provided while completing this form will be used strictly by the NBA to maintain a central register for NBA lawyers in the diaspora and for communicating directly with its members on matters relating to the NBA generally, or to the forum specifically.

Dr. Rapulu Nduka
Publicity Secretary,
Nigerian Bar Association

EDITOR'S CHOICE
Mar 11, 2022
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BREAKING: CAC APPROVES NBA AMENDED CONSTITUTION

The Nigerian Bar Association (NBA) amended Constitution has been approved by the Corporate Affairs Commission (CAC), CITY LAWYER can authoritatively report.

CITY LAWYER had yesterday reported serious disquiet within legal circles regarding the delay in registration of the amended constitution with the CAC.

NBA President, Mr. Olumide Akpata had however told CITY LAWYER that there was no cause for concern, assuring that the amended constitution would be approved in a matter of days.

Asked by CITY LAWYER to confirm feelers from unimpeachable sources that the amended constitution has now been approved by the CAC, Akpata said: “Confirmed.”

A copy of the approved constitution sighted by CITY LAWYER showed that it was adjusted to reflect the petition by former Secretary to the NBA Constitution Review Committee, Mr. Olasupo Ojo who urged the CAC to refuse registration of the amended constitution.

The 92-page approved amended constitution is now titled, “The Constitution of the Nigerian Bar Association 2015 (as amended in 2021.”

NBA political watchers believe that the CAC approval now gives the Electoral Committee of the NBA (ECNBA) a clear roadmap to go full blast with its preparations for the forthcoming National Officers Election, thus clearing the haze over the legal regime for the all-important election.

CITY LAWYER recalls that Ojo had petitioned the Corporate Affairs Commission (CAC), urging it to decline registration of the amended NBA Constitution. In the letter titled “NOTICE OF OBJECTION TO REPEAL OF THE NIGERIAN BAR ASSOCIATION CONSTITUTION, 2015 (AS AMENDED IN 2019), Ojo argued that the NBA “duly adopted and passed the resolution to amend the Extant Constitution at the 2021 Annual General Meeting,” adding that “Contrary to the foregoing state of fact and resolutions of the AGM, it now appears that the NBA had inadvertently inserted the following into the proposed NBA Constitution 2021 which purports to now repeal the extant Constitution:

i. Insertion of Sections 28 and 29 which purports to Repeal the Extant Constitution.

ii. Insertion of a Cover which reads: Nigeria Bar Association Constitution 2021.”

Ojo could not be reached at press time for comments.

NBA Constitution as Amended

EDITOR'S CHOICE
Mar 10, 2022
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UNCERTAINTY OVER NBA ELECTION, AS AMENDED CONSTITUTION REGISTRATION STALLS

The delay in registration of the amended Nigerian Bar Association (NBA) Constitution is posing a serious threat to the planned National Officers Election slated for July 16, 2022, CITY LAWYER can authoritatively report.

Sources who are familiar with the matter told CITY LAWYER that the uncertainty over the legal regime that will underpin the eagerly awaited Election has thrown the Electoral Committee of the NBA (ECNBA) into confusion.

According to one of the sources, “Without clarity on the constitutional framework applicable, ECNBA cannot move on elections.”

CITY LAWYER recalls that former Secretary to the NBA Constitution Review Committee, Mr. Olasupo Ojo had petitioned the Corporate Affairs Commission (CAC), urging it to decline registration of the amended NBA Constitution. In the letter titled “NOTICE OF OBJECTION TO REPEAL OF THE NIGERIAN BAR ASSOCIATION CONSTITUTION, 2015 (AS AMENDED IN 2019), Ojo argued that the NBA “duly adopted and passed the resolution to amend the Extant Constitution at the 2021 Annual General Meeting,” adding that “Contrary to the foregoing state of fact and resolutions of the AGM, it now appears that the NBA had inadvertently inserted the following into the proposed NBA Constitution 2021 which purports to now repeal the extant Constitution:

i. Insertion of Sections 28 and 29 which purports to Repeal the Extant Constitution.

ii. Insertion of a Cover which reads: Nigeria Bar Association Constitution 2021.”

CITY LAWYER gathered that the CAC may have referred the petition to the NBA leadership for its response.

Another ranking source told CITY LAWYER that if the uncertainty is not quickly resolved, several constitutional deadlines may be missed or the ECNBA may be forced to compress timelines, posing challenges.

Painting a grave picture of the magnitude of the crisis, a key stakeholder told CITY LAWYER that the uncertainty over the legal regime has a “chilling” effect on the entire electoral process.

Watchers of NBA politics observe that if the ECNBA has to fall back on the 2015 NBA Constitution, this may pose additional challenges to the electoral process, especially as it relates to payment of branch dues and attendant challenges as to compilation of voters’ register.

Efforts by CITY LAWYER to get an update from the CAC on the registration proved abortive, as the Registrar General, Mr. Garba Abubakar did not respond to our telephone call or to SMS and WhatsApp messages sent to his verified telephone number.

However, NBA President, Mr. Olumide Akpata told CITY LAWYER that there is no cause for concern, saying: “The process should be completed this week or early next week at the latest.”

It is recalled that the NBA National Executive Council (NEC) had approved Saturday, 16th of July, 2022 for the conduct of the election of new National Executive Committee members.

EDITOR'S CHOICE
Feb 12, 2022
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LAWYER PETITIONS CAC TO REJECT NEW NBA CONSTITUTION

Former Secretary of the Nigerian Bar Association (NBA) Constitution Review Committee, Mr. Olasupo Ojo has urged the Corporate Affairs Commission (CAC) to reject the newly amended NBA Constitution, saying it contains provisions not approved at the recent NBA Annual General Meeting (AGM) in Port Harcourt.

In an objection letter obtained by CITY LAWYER and addressed to the CAC Registrar General, Mr. Abubakar Garba, the fiery senior lawyer said that he was writing “to formally object to your Commission’s approval of the purported amendments now seeking to repeal the Extant Constitution.”

According to Ojo, “Contrary to the provisions of section 833 above, the NBA by its Notice now seeks to repeal the Extant Constitution pursuant to Sections 28 and 29 of the proposed Nigerian Bar Association Constitution 2021 while no such resolution to repeal was ever passed. Find attached herewith as Annexure 3, the Resolutions passed at the 2021 Annual General Meeting (“AGM”) of the NBA, held on the 28th day of October, 2021 at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State, which clearly shows that no resolution was made to repeal the Extant Constitution.”

In the letter titled “NOTICE OF OBJECTION TO REPEAL OF THE NIGERIAN BAR ASSOCIATION CONSTITUTION, 2015 (AS AMENDED IN 2019), Ojo argued that the NBA “duly adopted and passed the resolution to amend the Extant Constitution at the 2021 Annual General Meeting,” adding that “Contrary to the foregoing state of fact and resolutions of the AGM, it now appears that the NBA had inadvertently inserted the following into the proposed NBA Constitution 2021 which purports to now repeal the extant Constitution:

i. Insertion of Sections 28 and 29 which purports to Repeal the Extant Constitution.

ii. Insertion of a Cover which reads: Nigeria Bar Association Constitution 2021.”

The Bar Leader stated that the process for the amendment of a Constitution “is entirely different, separate and distinct from the process for enacting a brand-new Constitution. As with the instant case, since no such notice was given to repeal the extant Constitution, the 2021 Annual General Meeting of the NBA could not have had the mandate or powers to repeal the extant NBA Constitution, especially since the AGM only had a notice to amend.”

Ojo said that the 2021 NBA AGM “has never purported to have repealed the 2015 Constitution, but merely amended same.” He added that “It is also trite that for the Extant Constitution to be repealed, there must be a 60 days’ Notice to such effect.”

He stated that “the crux of my objection, in precis, is on the grounds that the AGM only had notice to amend the Extant Constitution, and duly adopted and passed resolution to so amend. The present sections 28 and 29 of the proposed NBA Constitution 2021, seeks to outrightly repeal the Extant Constitution. To duly so repeal the Extant Constitution, there should have been 60 days’ notice to such effect in accordance with Section 20(1) of the Extant Constitution. This was however, not the case. Therefore, the 2021 AGM of the NBA held on the 28th day of October, 2021 at the Yakubu Gowon Stadium, Elekahia, Port Harcourt, Rivers State could not have duly adopted and passed any resolution (which it never claims to have passed) repealing the Extant Constitution.”

He prayed the CAC to reject the amendment as proposed, adding that he is “by this letter formally objecting to repeal the Extant Constitution as contained in sections 28 and 29 of the proposed NBA Constitution 2021, as same is not a true reflection of the resolutions reached at the AGM and notice to repeal, not having been circulated as mandated by the Extant Constitution.”

He urged the CAC to “uphold this objection” by refusing to register and approve the proposed “Nigerian Bar Association Constitution 2021” for failure to reflect amendments, for which proper notice had been given, duly approved and passed by the AGM.

He also urged the Commission to request the NBA to amend the cover of the proposed NBA Constitution 2021 to read as follows: “Nigerian Bar Association 2015 Constitution (as amended in 2021),” adding that that “is a true reflection of the resolution of the AGM.”

Ojo prayed the Commission to “further mandate the NBA to delete Sections 28 and 29 therein wrongly, unlawfully and illegally inserted into the proposed Nigerian Bar Association Constitution 2021” and “to resubmit a corrected version of its Constitution reflecting amendments, for which proper notice had been given, duly approved and passed by the AGM.”

In a “Forwarding letter” to the NBA President, Mr. Olumide Akpata also dated February 4, 2021 Ojo stated that the Public Notice “is an indication of your willingness to accommodate diverse views, comments and sincere commitment to due process.”

“I greatly commend your open mindedness sir,” said Ojo, “and further to the said public notice, I now hereby forward herewith a copy of my Notice of Objection on the referenced subject to the Corporate Affairs Commission (“CAC”), as demanded in the said Public Notice.”

Intimating Akpata of the kernel of his objection letter to CAC, Ojo said that it is “premised on the likelihood of innocent mistakes from the NBA National Secretariat, in the compilation of the proposed amendments to the Extant Constitution. I say so because I am well aware that the AGM only had notice to amend the Extant Constitution, and duly adopted and passed resolution to so amend. The present sections 28 and 29 of the proposed NBA Constitution 2021, seeks to outrightly repeal the Extant Constitution. Even the cover of the proposed amendment reads: Nigerian Bar Association Constitution 2021. Which further gives the semblance that the Extant Constitution has been repealed.”

It is recalled that Ojo had also petitioned the CAC against amendment of the 2015 NBA Constitution. In a petition with Ref No. CAC/IT/MIA/No.2365 dated 14 September, 2016, Ojo had argued that the 2015 Constitution (as amended), for which the endorsement of the CAC is being sought “belatedly,” did not amend or alter the subsisting 2001 NBA Constitution approved by the CAC.

CITY LAWYER investigation shows that the amendment debacle may not be unconnected with the forthcoming NBA Election, especially as it affects provisions of the NBA Constitution on the zoning of offices. A frontline Bar Leader told CITY LAWYER that if the amendment sails through as currently proposed by the NBA, the zoning arrangement may start afresh instead of track back to the 2015 NBA Constitution (amended).

The citation for the proposed NBA Constitution reads: “This Constitution may be cited as the Nigerian Bar Association Constitution, 2021 and comes into effect this 28th day of October 2021 upon its adoption by the Annual General Meeting.”

The NBA leadership is yet to respond to Ojo’s objection at press time.

CAC_LETTER_OJO

EDITOR'S CHOICE
Dec 23, 2021
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BRIPAN TO PARTNER CAC, OTHERS FOR BETTER SERVICES

The Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) says it is poised to bolster its engagement with the Corporate Affairs Commission (CAC) for improved service delivery.

The newly sworn-in President of BRIPAN, Mr. Ayodele Akintunde, SAN, made the remark during the inauguration of the 2022-2023 executive members in Lagos.

Akintunde assured that the new leadership would continue to constructively engage with the regulatory agencies to ensure better synergy in the interest of its members and the country. “These engagements will help improve the customer experience of our members at the CAC and their overall experience when handling insolvency matters in the Federal High Court,” he said.

He stressed that strategic collaborations and partnerships would be the focus of the new leadership, saying: “In the past, we have partnered with the Nigerian Stock Exchange (NSE), Securities and Exchange Commission (SEC), Asset Management Corporation of Nigeria (AMCON) and Nigeria Deposit Insurance Corporation (NDIC).

“We have also partnered with the INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals), Africa Roundtable, Developmental Agencies and even CAC in the areas of training and policy development in the insolvency space in Nigeria and Africa.

“The new exco will continue to forge better relationships with these organisations as well as with the Nigerian Bar Association (NBA) and the Institute of Chartered Accountants of Nigeria (ICAN) which most of our members belong to.”

According to Akintunde, “The recognition of BRIPAN as the foremost body of business rescue and insolvency professionals in Nigeria by Companies and Allied Matters Act (CAMA) 2020 has thrust a lot of responsibility on us and we must continue to improve the theory and practice of insolvency.

“We should jealously guard our recognition as the best trainers of insolvency professionals in Nigeria. We must all work to consolidate this milestone achievement by making BRIPAN stronger, more effective and more responsive in the business rescue and insolvency space in Nigeria.”

He said BRIPAN would not rest on its oars but will continue to engage key stakeholders such as the judiciary, CAC and SEC to facilitate the requisite reforms.

CITY LAWYER recalls that Akintunde, who took over from Prof. Fidelis Oditah, SAN as the 10th BRIPAN president is expected to be in the saddle for the next two years.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EDITOR'S CHOICE
Jun 09, 2021
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REVALIDATION: CAC SET TO BAR LAWYERS’ PORTAL ACCESS TODAY

Barring an extension of the deadline, many lawyers will from tomorrow be unable to access the Corporate Affairs Commission (CAC) company registration portal (CRP), as the deadline for revalidation of their accreditations lapses today.

Meanwhile, there are strong indications that the challenges that have led to an online petition to remove the CAC Registrar General, Mr. Garba Abubakar have persisted. This is not unconnected with the difficulty in accessing the portal for the revalidation exercise.

A senior lawyer who sought help to overcome such challenges said: “I have been trying to re-accredit in accordance with this post. I have not been successful. Have you done it? Please, if you have, kindly tell me how to proceed. It is just two days away from the 10th.”

Still unsuccessful, the senior lawyer said: “Kindly take me through how you did. I tried as early as between 1 & 2 am today without success.”

Upon a successful revalidation, the prompt on the user’s home page disappears, while a REMITA generated receipt is sent to the user’s email address.

It is recalled that CAC had issued a notice reminding accredited agents to revalidate their accreditations, and warning that “Accreditations that are not revalidated by Customers at the end of the prescribed date shall be suspended by the Commission.”

Below is the full text of the statement:

PUBLIC NOTICE ON THE REMINDER OF SUSPENSION OF ACCREDITATION ACCOUNTS NOT REVALIDATED BY 10TH JUNE 2021

The Commission wishes to remind its Accredited Customers that as earlier notified, they are required to revalidate their accreditations on or before Thursday, 10th June 2021. Accreditations that are not revalidated by Customers at the end of the prescribed date shall be suspended by the Commission.

Please note that any Customer that becomes newly accredited between January 2020 to date does not have to revalidate.

To revalidate accreditation, Customers should visit https://pre.cac.gov.ng

Customers should note that this notice supersedes the earlier notice of 1st January 2021.

Signed:
Management
2nd June 2021

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EDITOR'S CHOICE
Jun 03, 2021
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Comments Off on CAC ACCREDITATION: NBA MAKES U-TURN, ASKS LAWYERS TO COMPLY

CAC ACCREDITATION: NBA MAKES U-TURN, ASKS LAWYERS TO COMPLY

SETS UP JOINT HELP DESK FOR CAC COMPLAINTS

The Nigerian Bar Association (NBA) has reversed its hard stance on the ongoing re-accreditation exercise by the Corporate Affairs Commission (CAC), asking lawyers to comply with the directive. It has also set up a joint help desk with the CAC to address lawyers’ complaints.

In a press statement signed by NBA President, Mr. Olumide Akpata, the association stated that “The CAC and the NBA have agreed that rather than require lawyers and accredited agents to pay the accreditation fee on an annual basis, the payment will be a one-off fee.”

The statement added that “The CAC and the NBA have also agreed that the payment and reaccreditation will not apply to lawyers who paid or were accredited by the CAC between 1st January 2020 and the date of the initial reaccreditation notice from the CAC in March 2021. The portion of the reminder notice from the CAC dated 1st June 2021 which exempted only those who procured their accreditation after 31st December 2020 was an error which will be withdrawn or clarified by the CAC.”

This is a sharp departure from the position of the lawyers’ body which had in a press statement on March 12, 2021 chided the corporate registry agency for the revalidation exercise, saying that “it is both insensitive and smacks of utter bad faith on the part of the CAC to proceed with this policy without due consultation with the NBA whose members make up over 80% of the customer base of the CAC.”

The NBA had also reasoned that “it is possible to achieve a clean database of accredited agents by requiring those who had been previously accredited by the CAC to simply update and revalidate their records on the CAC portal (at no cost) or lose their accreditation by the new deadline,” adding that “The obligatory charge imposed by the CAC should not apply to existing users but only to those customers who have never been accredited by the CAC and who now seek to be part of the system.”

The lawyers’ body had also based its opposition to the payment of the N10,000 revalidation fee on the harsh economic climate, saying: “The NBA strongly urges the CAC to reconsider its position with respect to the payment of the revalidation fee by existing users, and more importantly to continue to work assiduously towards improving customer experience by resolving the several complaints by users of the system and enhancing efficiency.”

It was unclear at press time whether the NBA has secured any major shift from the CAC prior to altering its position on the issue, moreso as the CAC had since March 12, 2021 clarified in a tweet that the payment is a one-off. It had stated thus: “Dear esteemed Customers, please be informed that payment for re-validation of accreditation is one-off. And accreditation is not renewable annually. Furthermore, the timeline for re-validation of accreditation has been extended to June, 10 2021.”

Aside from merely stating that “The CAC maintains that the revalidation exercise is important to it for a proper administration of the CAC database especially as the CAC migrates to a process where most or all activities at, or dealings with, the CAC will be concluded on its online portal,” the NBA leadership has not provided any justification for its new stance on the revalidation fee.

Below is the full text of the NBA statement.

3rd June 2021

To all Lawyers in Nigeria

CAC DIRECTIVE ON RE-VALIDATION OF ACCREDITED AGENTS: UPDATE FROM THE NIGERIAN BAR ASSOCIATION

Members of the Nigerian Bar Association (“NBA”) would have seen a notice dated 1st June 2021 from the Corporate Affairs Commission (“CAC”) reminding accredited agents of the CAC to revalidate their status as agents with the CAC. Accredited agents are required to pay for such revalidation on or before 10th June 2021 or risk a suspension of their accounts.

Kindly recall that when the news of this revalidation first broke out in March 2021, the NBA had issued a statement dated 12th March 2021 informing Nigerian lawyers that the NBA was engaging with the CAC on this process. Following the engagements, we wish to provide the update below:

1. The CAC maintains that the revalidation exercise is important to it for a proper administration of the CAC database especially as the CAC migrates to a process where most or all activities at, or dealings with, the CAC will be concluded on its online portal.

2. The CAC and the NBA have agreed that rather than require lawyers and accredited agents to pay the accreditation fee on an annual basis, the payment will be a one-off fee.

3. The CAC and the NBA have also agreed that the payment and reaccreditation will not apply to lawyers who paid or were accredited by the CAC between 1st January 2020 and the date of the initial reaccreditation notice from the CAC in March 2021. The portion of the reminder notice from the CAC dated 1st June 2021 which exempted only those who procured their accreditation after 31st December 2020 was an error which will be withdrawn or clarified by the CAC.

4. The CAC and the NBA have agreed that in order to enhance efficiency at the CAC and deal with service level complaints from lawyers who use the services of the CAC, an NBA help/support desk (manned by the NBA-CAC Task Force) will be set up at the CAC. Lawyers who have applications at the CAC that are not attended to within the designated timelines may escalate their complaints to the NBA support team which will liaise with the CAC with a view to resolving the issues. Such complaints should be sent to nbacac@nigerianbar.org.ng. Kindly note that only correspondence relating to delays and service inefficiency at the CAC will be entertained by this help/support desk.

5. The NBA is not oblivious of the challenges that lawyers have had to face with their clients on account of delayed processing of applications, and other service-related issues at the CAC. Accordingly, the NBA will continue to work with the CAC towards enhancing efficiency at the CAC and generally improving on the experience of our members when dealing with the CAC.

Yours sincerely,

OLUMIDE AKPATA
NBA President

NBA_CAC

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

EDITOR'S CHOICE
Mar 13, 2021
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REVALIDATION: NBA REJECTS MOVE, BLASTS CAC OVER POOR SERVICES

The Nigerian Bar Association (NBA) has carpeted the Corporate Affairs Commission (CAC) over moves to charge each lawyer N10,000 to enable them revalidate their status as CAC accredited agents.

In a statement made available to CITY LAWYER, the lawyers’ body described the revalidation exercise as “insensitive,” adding that it “smacks of utter bad faith on the part of the CAC to proceed with this policy without due consultation with the NBA whose members make up over 80% of the customer base of the CAC.” The NBA also lampooned the nation’s corporate registry over persistent poor services.

CITY LAWYER reliably gathered from a source at NBA HOUSE that the NBA President, Mr. Olumide Akpata had vigorously engaged the CAC leadership immediately news of the revalidation exercise was made public, leading to “slight relaxation” announced by the national registry.

Below is the full text of the NBA statement.

CAC DIRECTIVE ON RE-VALIDATION OF ACCREDITED AGENTS: THE POSITION OF THE NIGERIAN BAR ASSOCIATION

The attention of the Nigerian Bar Association (“NBA”) has been drawn to a directive credited to the
Registrar-General of the Corporate Affairs Commission (“CAC”) to the effect that accredited agents of
the CAC, including lawyers, are to revalidate their status as agents with the CAC and pay the sum of
Ten Thousand Naira (₦10,000), failing which the defaulting agents may be unable to access the CAC’s
Portal.

Since the news broke out, the NBA has been engaging with the CAC on this subject. The ostensible
reason given by the CAC for this directive is to checkmate the spate of proxy interactions with the
Portal and to weed out from the CAC’s Database, accredited agents who are either now deceased or
have emigrated out of the country and/or changed their location.

Whilst this objective may be well intended, the position of the NBA on the issue is as follows:
1. The NBA takes the view that it is both insensitive and smacks of utter bad faith on the part of the
CAC to proceed with this policy without due consultation with the NBA whose members make up
over 80% of the customer base of the CAC. This is in spite of the fact that the NBA-CAC Task Force
has been in constant touch with the CAC regarding improving efficiency and processes at the CAC.

2. While we appreciate that following engagements with the CAC, the Commission has extended the
deadline from 31st March 2021 to 10th June 2021 and has also clarified that the payment will be
one-off fee, the NBA remains of the view that it is possible to achieve a clean database of accredited
agents by requiring those who had been previously accredited by the CAC to simply update and
revalidate their records on the CAC portal (at no cost) or lose their accreditation by the new
deadline. The obligatory charge imposed by the CAC should not apply to existing users but only
to those customers who have never been accredited by the CAC and who now seek to be part of
the system.

3. The NBA is deeply concerned about the timing of this policy, which is coming at a time when many
lawyers have endured epileptic services from the CAC and have either lost the faith of their clients
or have been de-briefed by clients who believe that the lawyers treat their instructions with levity.
This state of affairs is what has led to the establishment of the NBA-CAC Taskforce to facilitate
regular interface with the CAC in resolving issues associated with the its services. Available
reports from the Taskforce indicate that in spite of its engagement with the CAC, the service levels
are still quite abysmal.

4. The NBA strongly urges the CAC to reconsider its position with respect to the payment of the
revalidation fee by existing users, and more importantly to continue to work assiduously towards
improving customer experience by resolving the several complaints by users of the system and
enhancing efficiency. Resolving these issues will not only be beneficial to the CAC and its
customers but will significantly advance the Federal Government’s Policy on Ease of Doing
Business in Nigeria.

Members of the NBA can be assured that we will continue to engage the CAC on these and other related
issues that affect their dealings with the Commission.

OLUMIDE AKPATA
NBA PRESIDENT
12th March, 2021

NewsPress

NewsPress

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