A Review of the Status of the Secretary of a Public Company Under the Companies and Allied Matters Act Based on the Supreme Court's Decision in Lange Versus First Bank of Nigeria Plc

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dc.contributor.authorAdebayo, Bamidele Olasehinde
dc.date.accessioned2022-07-29T14:02:28Z
dc.date.available2022-07-29T14:02:28Z
dc.date.issued2020
dc.description.abstractThe position of the secretary of a public company has been viewed as being lower in status compared to that of the directors on a company's board. While the directors acting as a board were seen as the directing will and mind of a company, the secretary was seen only as a servant of the company employed to work for the company, perhaps because of his qualification, experience and expertise. This was similar to the decision in Yalaju A/liege v. Associated Registered Engineering Contractors where it was held that the status of a managing director is lower than that of directors on the Board. The current position of the law is the Supreme Court's decision in Bernard Oje!To Longe v. First Bank of Nigeria where it was held that a managing director is a director like arty other director and, as such, is entitled to the protection and the procedure laid down in the Companies and Allied Matters Act (CAMA). First, this paper argues that the secretary of a public company should be accorded the same status as that of a managing director. Thus, since Longe's case has equated the managing director as a director, then the secretary of a public company should be accorded the status of a director whether the secretary doubles as a director or not. This is based on the fact that a secretary is also an officer of the company like directors. Second, the paper further argues that where the secretary of a public company is to be removed, the provisions laid down in CAMA for removing directors should be followed. Following this, this paper therefore argues that the provisions relating to the removal of the secretary of a public company should be expunged from CA.MA since those for the removal of directors will now cover the secretaries of public companies. The whole essence of this is to further protect and secure the job of the secretary of a public company and enable him to pelarrn his multi-dimensional roles without fear or favour. His employment is statutorily protected and it is not exposed to the unsecure master-servant relationship. He, like other officers of the company, is a partner in achieving the corporate objectives of the organkation.en_US
dc.identifier.urihttp://dspace.run.edu.ng:8080/jspui/handle/123456789/3537
dc.language.isoenen_US
dc.publisherJournal of Corporate Governance and Administrationen_US
dc.relation.ispartofseriesVol. 3;
dc.titleA Review of the Status of the Secretary of a Public Company Under the Companies and Allied Matters Act Based on the Supreme Court's Decision in Lange Versus First Bank of Nigeria Plcen_US
dc.typeArticleen_US
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