COMPANY LAW — Registration of Names — Discretion of Corporate Affairs Commission — Exercise of Statutory Discretion under Section 30(1)(c) and (d) of CAMA
Principle Statement
No company shall be registered under this Act by a name which in the opinion of the Commission is capable of misleading as to the nature or extent of its activities or is undesirable, offensive or otherwise contrary to public policy; or in the opinion of the Commission would violate any existing trade mark or business name registered in Nigeria unless the consent of the owner of the trade mark or business name has been obtained.
Ratio Decidendi (Source)
Per Mukhtar, JSC, in Amasike v. Registrar General, CAC & Anor (2010) NLC-2042005(SC) at p. 23; Paras A–B and p. 24; Paras A–B.
"No company shall be registered under this Act by a name which in the opinion of the Commission is capable of misleading as to the nature or extent of its activities or is undesirable, offensive or otherwise contrary to public policy; or in the opinion of the Commission would violate any existing trade mark or business name registered in Nigeria unless the consent of the owner of the trade mark or business name has been obtained."
Explanation / Scope
This principle establishes the Commission’s discretion under Section 30(1)(c) and (d) of CAMA to refuse registration of names that are misleading, undesirable, offensive, contrary to public policy, or violate existing trademarks. The principle applies in company name registration. It ensures that names are not misleading or offensive. The principle reflects the need for public interest protection. It prevents registration of improper names. The court must respect the Commission’s discretion. The principle provides guidance on the exercise of discretion.
