Section 104 CAMA 2020, Fair Hearing, Mark v. Eke

Prosecution of Offences under the Companies and Allied Matters Act 2020: Regulatory Powers, Procedures and Enforcement

This article examines the prosecution and enforcement framework under the Companies and Allied Matters Act 2020, distinguishing the Corporate Affairs Commission's investigative and compliance powers from the Attorney-General of the Federation's statutory role in specified criminal prosecutions. It analyses representative offences and penalties, jurisdiction, evidential mechanisms, the application of fines and complementary compliance measures under the Act.

Behind the Veil and Beyond the Age: Analysing the Legal Capacity of Infants and Corporate Entities as Shadow Directors under CAMA 2020

A shadow director is a person or entity whose directions or instructions the company’s directors are accustomed to following. Under CAMA 2020, the concept ensures that those who exercise real control over a company’s affairs cannot evade the fiduciary and statutory responsibilities associated with corporate governance merely because they lack formal appointment.

Service of Court Processes and Other Legal Documents on a Company in Nigeria: A Review of Mark & Anor v. Eke (2004) LPELR-1841(SC)

This article analyses the legal principles governing service of court processes on companies in Nigeria, focusing on Mark & Anor v. Eke (2004) LPELR-1841(SC). It examines Section 104 of CAMA 2020 and the applicable Rules of Court, emphasizing that service of originating process is a condition precedent to jurisdiction. The article affirms that failure to properly serve a company renders proceedings a nullity and underscores the constitutional foundation of service in the right to fair hearing.

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