- In a ruling rendered today, the supreme court determined that the initial portions of Sections 13 (2) (h)(i) and (ii) of the Company Act, 2019 (Act 992), which addressed an individual facing criminal charges, were in conflict with Article 19(2)(c) of the 1992 Constitution, which safeguards the right of an accused party to be presumed innocent unless and until proven guilty.
- In view of the fact that the two provisions in Act 992 violated Article 19(2)(c), the Supreme Court declared it as null, void and of no legal effect and struck it out.
- Section 13 (2) (h) (i) of Act 992 respectively stipulates that an application for incorporation of a company of shall include a statutory declaration by each proposed director of the proposed company indicating that within the preceding five years, that proposed director has not been charged with or convicted of a criminal offence involving fraud or dishonesty; and charged with or convicted of a criminal offence relating to the promotion, incorporation or management of a company.
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