KPMG Professional Services has announced that it has appealed the July 10, 2025, judgment by the Court of Appeal in Lagos, which directed the Corporate Affairs Commission (CAC) to remove its business name from the Commission’s register.
This was disclosed in a statement published on the company’s website, assuring customers that it would continue operations with the name.
Recall that the Court of Appeal sitting in Lagos directed the CAC to remove the business name “KPMG Professional Services” from its register due to its similarity with that of the audit, tax, and consulting firm KPMG Nigeria, according to Channels Television.
Legal Disputes
Justice Abdullahi Mahmud Bayero, who read the unanimous decision on behalf of the panel, granted a perpetual injunction restraining KPMG Professional Services from conducting business under that name henceforth.
KPMG Nigeria, which includes audit, tax, and consulting arms, had reportedly filed an originating summons in 2002 challenging the CAC’s registration of a new entity named “KPMG Professional Services.”
KPMG Nigeria’s legal team argued that the registration was deceptively similar to its long-established identity.
However, in a 2005 ruling, the Federal High Court dismissed KPMG Nigeria’s suit, stating that “an alleged merger between KPMG Nigeria and Akintola Williams Deloitte meant the plaintiff could no longer assert rights to the name,” according to Channels Television.
The lower court was also said to have ordered that KPMG Nigeria’s name be struck off the CAC register.
In its July 10 verdict, the Appeal Court ruled that KPMG Nigeria was the first to register its business entities, including KPMG Audit (1969), KPMG Tax Consultants (1990), and KPMG Consulting.
The Court of Appeal rejected the lower court’s verdict, describing the evidence of a merger as “inadequate and unsubstantiated.”
The appellate court further held that the newspaper articles relied upon by the lower court were insufficient evidence of a legal merger and did not mean that KPMG Nigeria had ceased to exist or forfeited its rights.
“It is only a merger agreement that can determine the nature and scope of the purported merger. What exists here, at best, is a functional collaboration or partial merger of only one component, KPMG Audit, and even that is not proven by binding legal documents,” Justice Bayero stated, as quoted by Channels Television.
The Appeal Court held that the CAC acted contrary to CAMA by allowing a similar name to be registered without first removing the earlier names from the registry.
KPMG Professionals React
But in a statement titled “Statement on the Court of Appeal Judgment Delivered on 10 July 2025,” KPMG Professional Services said it acknowledges the Court of Appeal’s judgment.
“We have appealed and filed a motion for stay of execution of the judgment,” the statement partly reads
- KPMG Professional Services emphasized it will continue to operate as “KPMG Professional Services,” adding that this development does not affect the quality of service and support its clients receive from the company.
What to know
Checks by Nairametrics on the CAC website showed that KPMG Professional Services is still active as of the time of this article.
- This development suggests that the Commission may not have received the certified true copy of the judgment to review and take action in line with the Appeal Court judgment.
- It could also imply that parties may have approached the Supreme Court for a final determination of the registration dispute.
