Court bars Computer Professional Council from forcefully registering members

The Federal High Court in Ibadan has barred the Computer
Professionals Registration Council of Nigeria from forcefully
coopting information technology and computer services providers, as
members.

Justice N. Ayo-Emmanuel, in the judgment delivered on February
1, but whose certified true copy was obtained on Wednesday, held
that the Act establishing the council intended to create core
professionals in the computer industry and not for trivialism.

The court arrived at the decision after interpreting the
relevant provisions of Computer Professionals (Registration Council
of Nigeria) Act; Control and Supervisory Regulations 2010; and
Services Constituting Practice as a registered member of Computing
Professional Regulation, 2015.

It held that going by the provisions the laws, the CPRCN was
created for core professionals who must write and pass certain
examinations to be qualified to be members.

The judge ruled that the body could, thus, not be seen to be
compelling everybody, including traders on the streets who sells or
repairs of computers or who has anything to do with Information
Technology, to register with it.

The court ruled, “The above quoted provisions of the Act are
very clear and unambiguous and as such must be given its ordinary
and grammatical meaning.

“The Act tends to create core professionals in the computer
industry which can be regulated like any other profession. The Act
does not make room for trivialism.

“To be qualified to be registered as a member of the defendant,
you must meet all the criteria set down in the Act.

“In implementing the Act, the defendant cannot be seen to be
compelling everybody, including traders on the streets who sells or
repairs of computers or who has anything to do with Information
Technology to be registered with it.

“That will definitely be outside the objective of the Act.”

The suit marked FHC/IB/CS/23/2009 was filed by an Ibadan-based
Information Technology and computer services firm, Citadel Oracle
Concept Limited, which had urged the court to, among others,
declare that as a limited liability company it did not fall into
the category of organisations that must register with the
CPRCN.

The plaintiff, through its counsel, Mr O. Echo, also urged the
court to make an order of perpetual injunction restraining the
defendant or its agents from sealing or further trespassing on any
of its outlets.

The company had also sought an order directing the CPRCN to pay
to it the sum of N700,000 for losses which it allegedly suffered on
April 28, 2009 when the agents of the council allegedly disrupted
its normal activities to force it to register with the body.

The suit was backed by a statement on oath deposed to by the
company’s Managing Director and Chief Executive Officer, Mr.
Benjamin Joseph, and Ebuka Victor.

Delivering judgment, Justice Ayo-Emmanuel granted the prayers of
the plaintiff except the one seeking N700,000 compensation.

The judge held that the prayer could not be granted in the
absence of any proof showing how much the plaintiff was making
daily.

The court also dismissed the counter-claim filed by the CPRCN to
ask for a declaration that Citadel’s refusal to be registered was
unlawful.