CAN A PERSON BE COMPELLED TO BECOME A MEMBER OF A RESIDENT ASSOCIATION AND FORCED TO PAY ESTATE DUES?

It has become a norm in our present Nigerian society for every new resident or residence owner in an estate to join one or two resident association in the area usually with some financial duties attached to it.

There are cases where people are frequently forced to join these associations, failure of which is met with certain acts of harassment, intimidation, extortion, and coercion perpetrated by the members of these associations.

A person has the freedom to become a member of any association he/she choose to belong to and cannot unduly be presumed or forced to become a member of any association based on an alleged custom.

When a person voluntarily joins an association, such a person cannot complain about the custom of the association.

However, where a person is presumably a member of an association by operation of an alleged custom, he cannot be compelled to abide by the customs of the association against his will, as that would amount to a gross violation of her/his right to freedom of movement as guaranteed under Section 40 of Constitution of the Federal Republic of Nigeria, 1999 (as amended). – Agbai V. Okagbue.

In thesame vein, this particular principle of law and claim to rights is applicable to a corporate entity (company, venture e.t.c)

HYPOTHESIS:

MEGAWATTS NIGERIA LIMITED V. THE REGISTERED TRUSTEES OF GBAGADA PHASE 2 RESIDENTS’ ASSOCIATION & 3 ORS, –

Since Megawatts Nigeria moved its head office to the Gbagada Phase 2 Housing Estate, the Residents’ Association have been coercing it to join its association and pay the exorbitant membership dues, to which it refused. The Applicant alleges that the Residents’ Association

The court held that; – The company as a corporate entity is entitled to protection under the constitution according to section 18 of the interpretation act which defines a person as thus:
” ‘person’ includes anybody of persons corporate or unincorporated”.

Conclusively, a person or a corporate entity has the freedom to belong to any association and cannot be forced to become a member of any association by reason of an existing or alleged custom.

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