Eye on Power: CAN and CAMA

• The facts, fictions and fallacies!

By Uche Chris

As would be expected the recently signed amended Companies and Allied Matters Act, CAMA law has sparked off a firework among Nigerians as its import and implications have begun to hit home. Having only read a detailed review version of the full text of the law, covering about 600 pages and over 800 sections, I would limit myself to just one aspect of it that is already raising dust, especially in the Church.  In all practical terms, the new CAMA is a hegemonic assault on free enterprise and the continuing economic exploitation and political subjugation of the south by the north.

Simply put, it seeks by default to strangulate and stifle economic progress in the south through legal control. And one area this is clearly manifests is the church, which has become the most visibly viable economy that has empowered southerners, and is beyond the reach of government/northern control. It has also become a source of political power and opposition, which now stands between Islam and the south.

Be that as it may, and regardless of the perceived objective, we, in the south, and especially Christians or the church, deserve what is coming to us, as it had been long anticipated, having failed to read the times and seasons. As Chinua Achebe said in his classic, Things fall apart, “whoever fetched maggot-infested firewood has asked for lizards’ visitation”. Pastor Bosun Emmanuel had warned about this several years ago, but we paid no heed and continued in our frollick.

Nigerian churches, particularly, the Pentecostals, have not lived up to the best ideals and standard of Christ, who they represent. They have conducted themselves as if they live in a different world without government and law. Some even boast about it to deceive the unwary and gullible to believe in their spirituality. But it is not true in fact, law, scripture and morality.

Everybody in society lives under the law; and the government is appointed to implement the law against law breakers. Churches are registered under the law and there are rules guiding their existence and operations. The bible enjoins all Christians to obey the government and the law because they are God’s ministers for our peace. Jesus said “give to Caesar what is Caesar’s…” Paul and Peter said in four different places we should obey the law of the land.

So, it is an injunction of God to obey the law; it is also the reason behind the registration of churches in the first place to comply with the law.  These provisions of the bible did not anticipate or envisage a situation, as we have in Nigeria, where Christians and the church would be part of those counted as evil doers, who normally are the target of the law. Bible says that obeying the law is to show good example and silence those who would seek occasion to blaspheme God by our conduct.

In law, churches are registered as Not-for-profit organization under charities under Section 839(1) and (381) in the amended CAMA, which primarily means that they exist for public welfare and good; not because they preach the gospel, which has no definition or category in law. This is the conception and application in all common law countries. It is only in Nigeria, nay Africa, that this law is disregarded and abused because of our superstitious sentimentality and disposition. The law is there but observed in the breach.

What then qualifies churches as charities under the Section? This is a question every pastor should answer in good conscience, because nothing exists in a vacuum. To qualify as a charity, the organization must devote, at least, 51-100 percent of its funds/donations to charitable works. Now, how do our churches rate in the eye of the law in this provision? There is no Pentecostal church in Nigeria that devotes 10 percent of its funds to charities. None!

This provision did not just happen; it has historical basis. Historically, the Church was a humanitarian and charitable agent beginning with the Apostles in the Bible. The Church pioneered education, hospital, and social welfare, such as orphanages; every church building in the Medieval and Middle ages was also a school of some sort and most priests were also teachers. This was how morality was maintained in society through the church and school system.

John Wyclif, the man who translated the first English bible was a priest and varsity professor. Social welfare as being practiced by many governments today was borrowed from the church. Si it was part of its history for churches to be involved in public welfare. It was on the basis of its contributions to public and humanitarian works, which were primarily the responsibility of government that qualified churches as charities and was granted tax exemption.

But is that the case in Nigeria? Two of Nigeria’s very prominent preachers in Europe barely escaped prison by the skin of their teeth for a little of the impunity and brigandage happening here, because theirs is a society of law and not given to superstitions. This is why corruption has become a culture here as we are not a society of law, although there are plenty of laws; we are a society that has respect of persons.

The church has become part of the corruption dogging our society, and can no longer come to equity with clean hands. What example have we provided to this wicked and perverse generation as the ‘salt and light’ of the world? Practically little! Sadly, the Christian Association of Nigeria, CAN, is just waking up from self-induced slumber by asking government to return the Act to the NASS for further amendment to expunge the obnoxious provisions.

“The leadership of Christian Association of Nigeria rejects outright, the Companies and Allied Matters Act, 2020 that was assented to by the President recently. The law, to say the least, is unacceptable, ungodly, reprehensible, and an ill-wind that blows no one any good. It is a time bomb waiting to explode. The church cannot be controlled by the government because of its spiritual responsibilities and obligations,” President, Rev. Samson Ayokunle, said in a statement.

Before CAN’s intervention, Bishop David Oyedepo of Winner Chapel Ota had boasted that no man can appoint trustees for his church. Really! The fact is both men are wrong; there is no spiritual responsibility that is above the law, and Nigeria is not the only country where the same law applies. Such assumptions make the church and those running it above the law and perfect; which they are not. Otherwise, why is the church registered under the law? It is simply a recognition that it is subject to the law. You cannot appropriate and reprobate!

And government was right to rebuke him. There is no society without laws and if you are in a society you must live by its laws. On what basis does he make such claim and assumption? It is the law even before now for those who fail to comply with the law; and virtually every Pentecostal church is guilty of this. He is also wrong to believe that he is the owner of the church; in fact he is not by the provisions of law.

Since Constantine (312-337) government had been involved in the church. Wyclif in 1370 had argued that the “government had the divinely assigned responsibility to correct the abuses of the church and relieve of office churchmen who persisted in their sin”. The 18th century “Middle wall of partition separating church and State” proposed by the Third America president, Thomas Jefferson, did not abolish the law regulating churches. It only frowned at direct intervention.

By law the church is owned or promoted by the Board of Trustees, not a person, which explains the existence and requirement for such Board before registration. And the Board does not just exist in name as we have it here; it has clear legal roles. Churches are supposed to operate under clear corporate governance rule, which separates the preacher/Administrator from the Board of Trustees.

The law never envisaged the situation of founder/preacher as presently exists. It is the Board that has financial and policy authority oversight of the Church, and not the pastor. Biblically, the Church belongs to Christ. So, when we reverse this rule we are in breach of the extant law; that the law overlooked does not make legal. So before we cry wolf, let us define and understand our position.

Bishop Oyedepo should be very careful to avoid the law being evoked and applied to him because he will not be guiltless; in fact no Pentecostal pastor may come clean of proper financial audit; which is very sad. Other countries do it; so it is not unusual. Government action is definite: they want to make example of any opposition, including the church. So pastors should put their house in order because the days of judgment are coming; and they are on their own in this matter.

When in 2014 Mr. Jim Obaze, formerly of Financial Reporting Council of Nigeria, FRCN, a Christian – at least by name – tried to correct this anomaly in the church by raising the standard against impunity and illegality, he was hounded out of office. Now, see who is complaining! Bible warns that we should judge ourselves least the world judges us; having failed in this responsibility, the church is being judged by the world. The government did not create the problem. The church did by not operating within the confine of the law. He that lives in a glass house does not throw stone!

It is the fault of the Church and the so-called Christians in the National Assembly, who passed the law without proper interrogation. The time for crying is over; the law has been passed. But we can still salvage the situation by seeking judicial review because there certain unconstitutional provisions in the law. So let’s prays that this happens. What remains is implementation and obedience, until it is amended or upturned. And don’t be fooled; churches will have to comply, otherwise most of our leaders will cool their feet in jail. As tragic as this may seem, that is the law for now!

• Apologies: We are not running the advertised Part 2 of the article on the Naira started last week because of the present intervention; we hope to return to it next week.