HOW TO REGISTER AN ‘NGO’ IN NIGERIA

A non-governmental organization (NGO), also known as Foundation, Charity, Civil Society Organization etc., is any non-profit, voluntary citizens’ group which is independent of Government and driven by people with a common interest. NGO’s perform a variety of service and humanitarian functions, bring citizen concerns to Governments, advocate and monitor policies, encourage political participation through provision of information and are sometimes organized around specific issues, such as religion, human rights, environment, health etc.

There are different types of Non-Governmental Organisations (NGOs) that are permitted to operate in Nigeria, these include trade unions, community based organisations, social clubs, religious organisations, cultural associations, women’s groups, youth clubs, professional associations, political parties, cooperative societies, specialised professionally run NGOs and friendly societies. This week, we provide a detailed process flow for the registration of an NGO in Nigeria.

NGO’s are registered by the Corporate Affairs Commission (CAC) under Part C of the Companies and Allied Matters Act and it basically involves the following process

• Check for Name Availability
• Once a name has been approved then you can procure an application form at the nearest CAC office. The application form contains a guide on what is required to complete the registration process.
• Advertisement of a Notice of registration in two (2) national newspapers, one being a local newspaper widely circulated in the area where the organization is based. The publication avails the public the chance to raise an objection to the intended registration, the objection may be on the basis of the character of any of the trustees, the name of the organisation, or that the aim(s) of the organisation is/ are contrary to public policy etc. Such objection must be sent to the C.A.C. within 28 days of the advert, supported with cogent reasons why the objection must be upheld.
• Submission of the duly completed application form in triplicate which should be accompanied by the following documents:

1. A formal letter of application
2. The original newspaper publications
3. 2 copies of Applicant’s constitution
4. Minutes of the meeting where the trustees were appointed, having the list of members present and absent and showing the voting pattern, signed by Chairman and Secretary of the Board
5. Minutes of the meeting where the special clause rules was adopted into the constitution of the organization; signed by Secretary and Chairman
6. Trustees (Applicants) have to attach 2 passport sized photographs of themselves
7. Trustees have to sign against their names on the application form and furnish permanent residential addresses
8. The impression of the common seal should be affixed on page 11 of the form.
9. Two copies of the application form

• Application form duly signed by Secretary and Chairman of the Trustees
• Trustees declaration forms duly signed by each trustee and deposed to at a High Court of Justice in Nigeria.

After the submission of all these documents and if no objection is received within the period of the advertisement the CAC may assent to the application or withhold its assent. If it assents to the application, it will register the trustees and issue a certificate in the prescribed form. From the date of registration, the trustee(s) become a body corporate with the name described in the certificate. It has perpetual succession and a common seal, and power to sue and be sued in its corporate name as such trustee or trustees. It has power to acquire and transfer property for the purpose of the community, body or association of persons.

Under Nigerian Law you can register an NGO with the CAC by yourself, it’s however advisable that you consult professionals who can guide you through the process to avoid pitfalls.

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