Benue State University, Makurdi

An Examination of the Jurisdiction of the Administrative Proceedings Committee of the Corporate Affairs Commission Vis-A-Vis the Exclusive Jurisdiction of the Federal High Court

Yakusak Aduak* and A.P.P. Mbagwu**

Abstract

The Companies and Allied Matters Act has been recently amended to create an enabling environment to ease doing of business in Nigeria. The amendment included the creation of an Administrative Proceeding Committee of the Corporate Affairs Commission to be headed by the Registrar General of the Commission; a body with quasi-judicial functions to hear matters that have to do with the administration of the Companies and Allied Matters Act. This body was created by the provision of Section 851 of the Companies and Allied Matters Act, 2020. The section further provides that if parties are dissatisfied with the decision of the committee, they may appeal to the Federal High Court. The provision of S851 of the Companies and Allied Matters Act clearly raises the question of conflict with the exclusive jurisdiction of the FHC as enshrined in Section 251(1)(e) Constitution of the Federal Republic of Nigeria to hear matters that border on the operation of the Companies and Allied Matters Act or any other enactment replacing same to the exclusion of any other Courts. This work argued that the exclusive jurisdiction of the FHC not only excludes other courts and tribunals from exercising same, but is also original in nature and the jurisdiction of the FHC cannot be converted to an appellate jurisdiction without an amendment of the constitution. The work is divided into five parts as follows: Introduction, supremacy of the constitution, exclusiveness and originality of the jurisdiction of the FHC, the Administrative Proceedings Committee of the Corporate Affairs Commission in contradistinction with the Administrative Proceedings Committee of Securities and Exchange Commission and rounds up with Observations, recommendations and conclusion.

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