Kaduna Court Dismisses Suit Against Rev. Hayab’s Leadership as Northern CAN Chairman

By Austine Agbo Emmanuel, Kaduna

The Federal High Court in Kaduna 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 (CAN).

In its judgment on Thursday, the court held that the body in whose name the action was instituted lacks the legal capacity to sue or be sued.

Delivering the judgment, Honourable Justice H. Buhari ruled that “Northern CAN”, as presented in the suit, is not recognised in law as a juristic person because it is not registered and therefore cannot maintain any action before a court of competent jurisdiction in that name.

The judge emphasised that only properly incorporated bodies possess the corporate legal identity required to institute or defend a lawsuit in their corporate name.

Briefing journalists after the ruling, Counsel to the 2nd Defendant, Dr. Grace E. Kaka, Esq., explained that the court affirmed the settled legal position that unincorporated associations cannot initiate judicial processes in their organisational names.

She stated that the decision has finally laid the litigation to rest and that, 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 validity of the current leadership of the Association under Reverend Hayab, who was validly elected into office on 25th February, 2025.