The Chief Executive Officer of Financial Derivatives, Bismarck Rewane has said the adjustment of the Asymmetric corridor around interest rate by the Central Bank of Nigeria Monetary Policy Committee will reduce the pressure on Nigeria’s Foreign Exchange.

The renowned economist disclosed this on Tuesday on Channels Television while reacting to CBN’s hike in interest rate by 50 basis points to 26.75 percent.

He explained that the real deal is the MPC’s adjustment of the Asymmetric corridor around the Interest rate to +500/-100 from +100/-300 basis points.

He noted that this move would increase the cost of banks’ borrowing and deter borrowing from CBN to buy foreign exchange.

He added that the decision will boost Foreign Portfolio inflows in Nigeria.

“The interest rate increase is 50 basis points. The real deal is the Asymmetric corridor adjustment. What this means is that banks have been borrowing from the Central Bank to buy foreign exchange from the Central Bank. Before they were borrowing at 26 percent.

“As of today, they will be borrowing at almost 32 percent. That difference is almost 5-6 percent. It means the cost of borrowing has gone up astronomically, this means a deterrent to borrowing from the CBN to buy FX.

“That should reduce pressure on the foreign exchange rate. It is a subtle way of telling banks to stop robbing Peter to pay Paul”, he said.

Recall that the CBN raised interest for the fourth time in 2024 to 26.75 percent amid efforts to tackle core and food inflation which stood at 34.19 percent and 40.87 percent, respectively.

[DailyPost]

 
  • Koko hands over new staff clinic, five other completed projects to successor

Immediate-Past Managing Director of the Nigerian Ports Authority (NPA), Mr. Mohammed Bello Koko has said the agency generated N541 billion in the first half of the year.

He said the agency also remitted N255 billion to the Consolidated Revenue Funds (CRF) within the first six months.

Koko said the performance of the agency in the first half of the year surpassed its year-on-year total revenue generation and remittances in any year, putting the cumulative revenue of the NPA between 2022 and the first half of 2024 at N1.423 trillion

According to him, his administration put in place sustainable reforms, especially a drastic improvement in the Turn-Around-Times of vessels and trucks in Apapa and TinCan ports.

He, however, said he is handing over a new staff clinic and five other completed projects to his successor for inauguration.

 

He confirmed that the NPA raised staff salary during his tenure, even as he pleaded with them (members of staff) to cooperate with and redouble their commitment to his successor.

The outgoing NPA MD, who dropped the hints in his valedictory remarks at the handover to his successor Dr. Abubakar Dantsoho at the agency’s headquarters in Lagos, said he felt fulfilled for improving NPA better than he met it.

He said: “We recorded an unprecedented growth in revenue generation and remittances to the Consolidated Revenue Fund (CRF) from Revenue of N381 billion in 2022 and N501 billion in 2023 to N541 billion in the first half of 2024 and remittances to CRF increasing from N93.4 billion in 2022 to N206 billion in 2023 and to N255 billion in the first half of 2024 – surpassing our year-on-year total revenue generation and remittances in any year.

“With unprecedented tax remittances to the Federal Government ranging up to N60 billion in the period of my stewardship, we raised the bar higher.

 

“Our hope and prayers are for the new management to continue on this trajectory and surpass it. But we were also deliberate on dialogue and driving reforms.”

He listed some of his achievements in office to including all-round port efficiency.

Koko said: “We hit the ground running with the necessary approvals to get the Lekki Deep Seaport fully operational to retake the lost transit and transshipment cargo.

“Promoted the non-oil export drive of the President by setting up ten (10) Export Processing Terminals (EPTs), mainstreaming it to the NXP and e-call up system to facilitate exports, and the result is evident in the attainment of a foreign trade surplus, as highlighted in the NBS report for Q1 2024.

“Upgraded data center, servers, storage, and business continuity; established a data recovery and protection unit with an up-to-date data protection audit certification.

“Digitised staff attendance for accountability and improved productivity; ensured the sustainability and free flow of cargo by clearing the decade-long traffic gridlock menacing the Apapa and Tincan Island port complexes, and its environs.

“Provided aids to navigation such as buoys, fenders, and bollards across all the ports, and also enhanced seaside operations by providing marine crafts, pilot cutters, tugboats, mooring boats, etc to improve port efficiency.

“These led to a reduction in both vessel and truck turn-around times. The vessel TAT went down from an average of 6.5 days to an average of 5 days, while truck TAT went from an average of 10 days to a few hours.”

Koko also said he was happy to have attained 100 per cent Ease-of-Doing-Business rating by the Presidential Enabling Business Environment Council (PEBEC).

He said: “We also restored service boat management  contract with attendant boost in revenue;

“Concluded the consultancy for the deployment of a Vessel Tracking System in conjunction with NLNG Shipping;

“Secured FEC approval for the expansion of the Snake Island Port and a willing private investment to the tune of $300m on this project;

 

“Secured FEC approvals for the development of new ports such as ports of Ondo, Badagry, Burutu, and Snake Island expansion project, amongst other proposals that have reached advanced stages of review and approval;

“Consultancy for the development of the 25-Year National Ports Masterplan to guide investment and port expansion plans;

“Attained a 100% ease-of-doing-business rating by the Presidential Enabling Business Environment Council (PEBEC), despite having the most number of reforms;

“In addition to the aforementioned, we were also able to conclude with the FMMBE/BPP on the deployment of the Port Community System (awaiting a few processes before seeking FEC approval), and its corollary, the National Single Window, as well as propel the subject matter of port modernization to conclusive stages with the signing of the mandate letters for the reconstruction of TinCan Island and the comprehensive rehabilitation of Apapa, Rivers, Onne, Warri, and Calabar Port complexes, respectively.”

On the six projects being handed over to his successor for inauguration, Koko said: “We have also completed some key projects that are ready for commissioning. These projects are crucial to staff development and improved efficiency.

“Some of them include; the Staff Clinic at Lagos Port Complex; inter-agency building at TinCan Island Port to accommodate agencies in the port in one place to enhance operational efficiency; security mobile scanners at the Lagos Port Complex; administrative buildings of the Tincan, Warri, and Rivers Ports; Maritime Workers Union of Nigeria’s Headquarters; upgraded Revenue Invoicing Management System (RIMS 2.0); and employees e-medical records management”.

“Let me begin by appreciating all of you for the life-applicable experience of the last eight years of my sojourn in the NPA.

“Looking back, I would like to summarize this tremendous phase of my life as a learning curve and an abiding history or experience.

“As I bow out today, I feel fulfilled for two reasons. Firstly, by working with all of you here, we have repositioned the authority for greater operational efficiency and unprecedented revenue generation and remittance to the Consolidated Revenue Fund (CRF) of the Federal Republic of Nigeria.

“Secondly, my sense of fulfillment derives from the fact that we have achieved a lot and have made the Authority far better than we met it, and now handing over to a management team of distinguished professionals with the requisite character, competence, and capacity to sustain and indeed surpass the current performance trajectory.

“As many of us are aware, the Authority under the management team I was privileged to lead was able to position the Authority for improved efficiency, revenue generation, accountability, and adherence to international best practices in port management and operations.”

He thanked President Bola Ahmed Tinubu and former President Muhammadu Buhari for “the incredible opportunity to serve as the MD of the NPA”.

Unveiling his plans for port rehabilitation and modernization, Dantsoho said that priority will be given to total automation of NPA processes and adequate staff welfare.

He said: “We will continue the digital transformation of the Authority and reinforce the current efforts at deploying the Port Community System (PCS) which we believe is key to our dream of total automation of our processes, thereby eliminating leakages and corruption.

“The current efforts towards infrastructural renewal and development will be enhanced. In particular, we will drive: Port Rehabilitation and Modernization

“We will pay attention to the logistics that surround the arrival of cargoes along the port corridor, their receipt at the terminals and loading onboard ships in the most efficient way and also cargo evacuation from our ports.

He listed other targets as follows:

* Deep sea Ports Development, in order to unlock the full potential of the economy;

 * Promotion of transparency, accountability and Ease of doing business in our ports;

   *We shall enhance collaboration and communication between sister agencies and promote stakeholder engagement.”

[TheNation]

A former Minister of Education, Oby Ezekwesili, has called for an independent audit of why the Nigerian National Petroleum Company Limited capped its investment in the Dangote Petroleum Refinery at 7.2 per cent instead of the planned 20 per cent.

This was as the Group Chief Executive Officer of the NNPC, Mele Kyari, denied owning a blending plant outside Nigeria on Tuesday.

The comments were coming amid the controversies surrounding the Dangote refinery.

Ezekwesili said she had earlier decided not to speak on the Dangote refinery-NNPC saga while reacting to the matter through her official X handle.

 

 “However, as more and more information filtered out from both parties, we can reasonably conclude that something seriously murky has gone on and needs to be fully unravelled for public accountability. And urgently, too,” she stated.

The former minister added, “How can a project that by all definition attained the stature of a ‘national interest project’ be marred in this depth of embarrassing controversy that is playing out in the full glare of the local and international investing community?

“Did the Nigerian government not tell us it borrowed $3.3bn from Afriexim-Bank to take a stake in the Dangote refinery?”

Ezekwesili recalled that during former President Olusegun Obasanjo’s administration, she used to tell the NNPC that it could not continue to run as a federation on its own.

“When we were in government, I often told the NNPC leadership that they cannot carry on as though there is a ‘Federal Republic of the NNPC’ just because they think of themselves as ‘the goose that lays the golden egg’.

“The opacity of the NNPC was the reason we took great delight in designing the multi-stakeholders Nigeria Extractive Industries Transparency International in those early 2000s that I pioneered as Chairperson.

“We went above global minimum voluntary standards of transparency requirements by entrenching ours in an Act that established NEITI as the transparency regulator of the oil and minerals sector,” she explained.

She called on President Bola Tinubu “to immediately use the instrumentality of NEITI to launch an independent audit of the Dangote refinery-NNPC transaction to offer the public the true state of play.”

The PUNCH recalls that the President of Dangote Group, Alhaji Aliko Dangote, recently revealed that NNPC’s investment in his refinery was 7.2 per cent and not 20 per cent, as speculated.

“The agreement was actually 20 per cent which we had with NNPC, and they did not pay the balance of the money up till last year; then we gave them another extension up till June (2024), and they said that they would remain where they have already paid, which is 7.2 per cent. So NNPC owns only 7.2 per cent, not 20 per cent.” Dangote stated.

 

NNPC confirmed this, saying it decided not to invest further in the refinery.

Kyari denies plant

Meanwhile, the NNPC’s boss said on Tuesday that he does not own a blending plant outside Nigeria, reacting to claims by Dangote that some officials of the national oil company own blending plants in Malta.

Amid the crisis surrounding his $20bn refinery, Dangote had said, “Some of the terminals, some of the NNPC people, and some traders have opened blending plants somewhere off Malta. We all know these areas. We know what they are doing.”

Reacting to this in a post on his X handle, Kyari said he had been inundated with calls from family members and friends, asking if he truly owns a blending plant in Malta.

The NNPC helmsman said he does not own or operate any business directly or by proxy anywhere in the world, except for a local mini-agric venture.

He also said he is not aware of any employee of the NNPC that owns or operates a blending plant in Malta or anywhere else in the world.

 

“I am inundated by enquiries from family members, friends, and associates on the public declaration by the President of Dangote Group that some NNPC workers have established a blending plant in Malta, thereby impeding procurements from local production of petroleum products.

“To clarify the allegations regarding the blending plant, I do not own or operate any business directly or by proxy anywhere in the world except for a local mini-agric venture, neither am I aware of any employee of the NNPC that owns or operates a blending plant in Malta or anywhere else in the world.

“A blending plant in Malta or any part of the world does not influence NNPC’s business operations and strategic actions.”

The NNPC boss threatened to sanction any official of the company involved in such acts if they truly existed.

“For further assurance, our compliance sanction grid shall apply to any NNPC employee who is established to be involved in doing so if availed, and I strongly recommend that such individuals be declared public and be made known to relevant government security agencies for necessary actions because of the grave implications for national energy security,” he stated.

Dangote has been speaking up following allegations by the Chief Executive of the Nigerian Midstream and Downstream Petroleum Regulatory Authority, Farouk Ahmed, that the diesel produced by the Dangote refinery had higher sulphur content than imported ones, a claim Dangote described as an attempt to demarket his refinery.

Ahmed had also said the country would continue to import fuel to stop the Dangote monopoly.

[Punch]

Michael Aondoakaa, former attorney-general of the federation (AGF) and minister of justice, has agreed to testify against Nigeria in the ongoing arbitration at the International Chamber of Commerce (ICC), Paris, France, TheCable understands.

Sunrise Power, a company promoted by Leno Adesanya, had, on October 10, 2017, started arbitration against Nigeria at the ICC seeking a $2.354 billion award for “breach of contract” in relation to a 2003 agreement to construct the 3,050MW plant in Mambilla, Taraba state, on a “build, operate and transfer” (BOT) basis.

The Nigerian government has maintained that Olu Agunloye, then minister of power, acted outside of his powers when he awarded his contract.

Nigeria is also alleging fraud and corruption in the award and in the subsequent settlement agreements reached in an attempt to settle the dispute.

 
 

Agunloye is currently on trial in Nigeria for his alleged role in the contract saga. He denies all allegations.

AONDOAKAA VS NIGERIA

Now, Aondoakaa, a senior lawyer who was AGF from July 2007 to February 2010, has been enlisted by Sunrise to argue that the contract was valid — in order to boost the company’s chances of winning in arbitration.

 

Aondoakaa was a member of the Federal Executive Council (FEC) under President Umaru Musa Yar’Adua when the ill-fated gas processing agreement was signed with P&ID, leading to and arbitration fine of over $11 billion fine on Nigeria which was eventually quashed in a British court.

An Aondoakaa associate told TheCable that the former minister of justice is working closely with Adesanya’s legal team in the arbitration and Nigerian matters.

Sunrise is hoping to use his testimony to counter that of the government officials, including some ministers in President Buhari’s cabinet who are testifying in favour of Nigeria.

Meanwhile, Adesanya has also filed a human rights case against the Economic and Financial Crimes Commission (EFCC) after he and Agunloye were charged to court.

 

Adesanya is being represented by Mohammed Seidu Diri, a senior lawyer who served as special assistant to Aondoakaa when he was AGF. Diri was also a director of public prosecution (DPP) at the federal ministry of justice.

A similar case filed by Agunloye against the government of Nigeria has since been dismissed.

DENIED BY TWO FORMER PRESIDENTS

Two former presidents have denied the validity of the contract and settlement agreements.

 

In an interview with TheCable, former President Olusegun Obasanjo challenged Agunloye to tell Nigerians where he derived the authority to award a $6 billion contract to Sunrise from.

“When I was president, no minister had the power to approve more than N25 million without express presidential consent. It was impossible for Agunloye to commit my government to a $6 billion project without my permission and I did not give him any permission,” Obasanjo told TheCable.

 

Agunloye later issued a statement insisting that he had Obasanjo’s approval — although it turned out it was a letter of comfort his principal approved to be issued to Sunrise and not a go-ahead to award the contract.

Buhari also denied authorising the settlement entered into with Sunrise by Abubakar Malami, his AGF.

 

“While I understood that my ministers of justice, power and water resources were approached by Sunrise and were engaging with various stakeholders that were involved in the project to resolve the issues blocking the project’s implementation, at no time did I specifically instruct them to enter into and conclude any settlement agreement with Sunrise Power and Transmission Company Limited,” Buhari wrote in a letter to Lafeef Fagbemi, the current AGF, in February this year.

“Indeed, when the proposed settlement agreement and addendum were presented to me for my consideration and approval on 20th April 2020, I refused to approve the settlement deal because I was convinced that there was no basis for Sunrise’s claim.”

 

Malami has yet to dispute Buhari’s claim.

The family of the late singer, Ilerioluwa Aloba aka Mohbad, has conducted a fresh autopsy seeking to determine the cause of his death.

PUNCH Metro reported that the Magistrate of the Coroner Court sitting in the Ikorodu area of Lagos State, T.A. Shotobi, on June 26, granted an order to the father of the deceased, Mr. Joseph Aloba, to engage a licensed and certified pathologist for a completely independent autopsy on the late singer.

The court also ordered that the applicant, Aloba, should bear all costs associated with the examination, evaluation, and autopsy.

A member of the family’s legal team, Monisola Odumosu, in a statement on Tuesday, said the autopsy was conducted on Friday, July 19 and Saturday, July 20.

 

Odumosu noted that the family would proceed to carry out toxicology and histology tests on the necessary samples already obtained if the post-mortem procedure failed to reveal the cause of death.

“The second autopsy as requested by the Aloba family and ordered by the Magistrate of the Coroner Court, Ms. T.A. Shotobi, was conducted on Friday, July 19 and Saturday, July 20, 2024. This autopsy is a two-part exercise, with the first part now completed.

“If the cause of death cannot be determined from this initial examination, the second part will proceed, involving a toxicology and histology test on the necessary samples already obtained,” the statement read in part.

 

The legal team further disclosed that the procedure was witnessed by Mohbad’s father and two separate pathologists appointed by him and Mohbad’s wife, Wunmi.

“This comprehensive procedure, conducted last Friday, was witnessed only by Mr. Joseph Aloba, the forensic pathologist appointed by Mr. Joseph Aloba and his team, legal representatives of both Mr. Joseph Aloba and  a pathologist appointed by Wunmi Aloba to observe the procedure,” the statement added.

 

Mohbad died at the age of 27, on September 12, 2023, with circumstances surrounding his death sparking controversies on social media.

Being a former record label signee of Marlian Music owned by Naira Marley, Mohbad left the label in February 2022. The Lagos State Police Command had on September 18, 2023, inaugurated a 13-man special investigation team to probe the singer’s death.

His death also led to the arrest of Naira Marley and controversial Lagos socialite, Balogun Eletu, also known as Sam Larry, amongst others.

The singer’s body was on September 21, 2023, exhumed for autopsy to unravel the cause of his death.

However, a pathologist, while testifying before the Coroner’s Court on May 15, revealed that an autopsy couldn’t determine Mohbad’s cause of death due to the decomposition of his body.

Following the disclosure, PUNCH Metro exclusively reported that the US-based lab refuted the claim by the Lagos State Government that the toxicology test was conducted at its facility.

The revelation was in response to inquiries made by our correspondent, who embarked on a fact-finding mission to ascertain the musician’s cause of death.

Responding to PUNCH Metro’s inquiry on May 17, the Client Services Associate, Forensics Division, NMS Labs, Esther Dede, stated, “Unfortunately, we do not have a case for that patient.”

The Abuja Electricity Distribution Company (AEDC) has officially signed a Memorandum of Understanding (MOU) with Transafam Power yesterday, to implement a groundbreaking 50MW embedded power generation project for the Idu commercial hub in Abuja.

The MOU was executed by AEDC MD/CEO, Engr. Chijioke Okwuokenye, and MD/CEO, Transafam Power Limited, Engr. Vincent Ozoude, during the Summit on Accelerated Scale-Up of Renewable and Distributed Energy Resources in Nigeria, hosted by the Nigerian Electricity Regulatory Commission (NERC).

With this, AEDC will fulfill 82% of NERC’s requirements for embedded power generation, ensuring a reliable and consistent power supply for the Idu Cluster. It marks a pivotal advancement in AEDC’s transformation agenda, allowing the company to generate its own electricity and reduce reliance on the national grid. By diversifying its energy sources, AEDC is committed to providing stable and dependable electricity for all stakeholders involved.

In addition, the partnership enables Transafam, a leading power generating company and subsidiary of Nigeria’s largest listed conglomerate, Transcorp Group, to diversify its mode of generation providing on-grid and embedded generation to optimise its current generating capacity and serve a wider cluster.

Electricity is a critical sector in urgent need of transformation. This partnership represents a significant stride towards delivering reliable and sustainable power to Nigerians, enhancing the overall power landscape in Nigeria, and fostering growth and economic prosperity for all—a demonstration of Africapitalism.

Olayemi Cardoso, governor of the Central Bank of Nigeria (CBN), says inflation is pushing Nigerians into different categories of poverty.

Cardoso said controlling inflation is in the best interest of Nigerians.

He spoke on Tuesday during a press briefing at the end of the monetary policy committee (MPC) meeting in Abuja.

The governor highlighted the significant impact of inflation on the economy, saying purchasing power has diminished and poverty levels have increased.

Cardoso stressed the importance of taming inflation for the average individual and the organised private sector, which faces its own consequences.

He also acknowledged the need for economic growth and the challenges posed by high interest rates imposed to control inflation and ensure the economy’s long-term stability.

“I think I will just say one or two things and these are some of the things that we discuss with the organised private sector that inflation really and truly is having a major impact on our economy,” Cardoso said.

“Purchasing power is getting eroded, people are being pushed into different categories of poverty, and it is in their own interest that we are able to tame the scourge of inflation. If not, the ramifications will also be for them.

“It is not on the average man alone, it will also be for them and we understand the need for growth and we also understand that it is relatively challenging when you have high interest rates.

“My belief is that it is so fundamental to the long-term future and stability of our economy, that inflation should be brought under control.”

According to Cardoso, these short-term pains will eventually benefit the economy and the manufacturing sector.

Speaking on the current economic situation, the CBN governor said the influx of liquidity into the system over a short period played a significant role.

He said the consequences of printing money through ways and means advances are being felt, leading to an out-of-control money supply trajectory.

Cardoso said in response to this, interest rates are being raised to manage the money supply and prevent further spikes.

On Tuesday, MPC raised the monetary policy rate (MPR), which benchmarks interest rates, to 26.75 percent — from 26.25 percent.

Last week, Nigeria’s inflation rate rose to 34.19 percent amid the surge in food prices.

Speaking further, Cardoso said MPC voted to hike the rate by 50 basis points to 26.75 percent, adjust the asymmetric corridor to +500 and -100 basis points around the MPR.

The committee retained the cash reserve ratio (CRR) at 45 percent, and liquidity ratio at 30 percent.

Some social media users have dug out old posts by Olusegun Dada, the special assistant to President Bola Tinubu on social media, in which he called for protests against former President Goodluck Jonathan.

Dada’s old posts started trending on social media, moments after he said protesters would face the “strongest resistance”.

Earlier on Tuesday, Dada, in a post on X, said protesters would meet fierce pushback from supporters of the president.

“Those who want to burn the country down under whatever guise will meet the strongest resistance of their lives,” Dada wrote.

 

“Not from security agencies, but from the silent majority that gave their mandate to President Bola Ahmed Tinubu for four years in the first instance. We are waiting.”

There have been reports of a planned youth-led nationwide protest over the rising cost of living and economic hardship.

The protest is reportedly slated for August 1 to 15. 

Several old X posts of Dada show that the presidential aide was in support of the protest against Jonathan’s administration.

In one of his posts in January 2012, Dada wrote,

“If u know any policeman, advise him not to take shooting orders from anyone. If anyone is shot during our protest, d killer dies! No”.

In another post in February 2014, he wrote,

“maybe we don’t need peaceful protests anymore”.

Dada’s old posts have elicited a plethora of reactions.

There was a rain of curses in Port Harcourt, Rivers State, as residents of the area discovered remains of an a-day-old baby in a manhole.

 

It was gathered that members of the Diobu vigilante group made the discovery in the early hours of Tuesday and that the dead baby was a boy.

 

A source disclosed that a dead baby was found in a manhole around Ekwe Street by Ikwerre Road, Mile 3 Diobu, Port Harcourt City Local Government Area.

Mr. Godstime Ihunwo, the Chief Security Officer of Nkpolu Orowurokwo working with Diobu vigilante said the community security team found the baby already dead during their patrol.

He said: “At the early hours of today, 23rd July 2024 at about 5 am, I and my team were on patrol. On getting to Ikwerre Road/Ekwe Street Mile 3 Diobu, Port Harcourt, we discovered that a newborn baby was dumped into a Manhole.

“We discovered that the baby was dead. It was a male. I quickly rushed down to Nkpolu Police Division to make an entry. I also contacted, Prince Wiro who is a human rights activist.”

Meantime, Prince Wiro, who is the National Coordinator of Centre for Basic Rights Protection And Accountability Campaign has condemned the action of the unidentified mother describing it as height of wickedness.

Wiro said: “It is sad that before the vigilante group discovered the infant male, he was already dead. The action of the mother of the child is a crime that is punishable under the Nigeria law.

“We use this opportunity to urge residents who may have useful information about the identity of the child’s mother to report to the Police for necessary action.” 

However, the Public Relations Officer of the State Police Command, Grace Iringe-Koko, a Superintendent of Police, has confirmed the incident.

Iringe-Koko said Police have contacted the relevant agency for possible evacuation of the dead body while investigations continue.

She urged residents with useful information on who may have dumped the baby to report to the nearest Police station.

Dr. Olisa Agbakoba has explained how the federal government’s proposed 50% windfall tax will negatively impact bank operations and its customers in Nigeria.

Dr. Agbakoba is the Senior Partner and Head of the Alternative Dispute Resolution (ADR) and Arbitration practice group at Olisa Agbakoba Legal (OAL), with expertise in Maritime and Blue Economy Law, Space Law, Environmental, Social and Governance (ESG) Law, Environmental Justice Law, Human Rights Law, among many others.

In an exclusive interview with Nairametrics, Agbakoba sheds light on how the proposed amendment to the Finance Act is ill-thought-out.

 

What’s your take on the federal government’s plan to tax banks 50% of profits realized from foreign exchange revaluation in 2023 through the proposed amended Finance Act?

So, I completely understand why the government is passing financial legislation because the government really needs revenue to drive its development agenda and to meet all the various expenses that it faces.

But I think the government ought to also understand that there are parameters that are very important to employ to gain not only the confidence of Nigerians but particularly the financial community.

The financial community is a lifeline and the oxygen of the Nigerian economy, and to create a policy that will be contrary to the interests of the financial community might be very precarious and could even backfire.

So, in that context, I would say that the proposed amendment to the Finance Act is completely ill-thought-out legislation.

There are different types of legislation. This particular legislation is known as penal legislation. You will observe that Section 33 of the intended amendment criminalizes failure to comply.

In Guardian Motors vs. the Attorney-General of the Federation, pursuant to a decree made by General Babangida, the Supreme Court laid out the principles under which legislation can be properly made.

I think this is one legislation that is beyond the scope of the National Assembly to enact. The National Assembly has no power to enact legislation that imposes penal sanctions on commercial transactions.

What does this proposed Finance Act imply for customers of Nigerian banks?

The first thing that will happen is that customers will bear the burden of the so-called windfall legislation.

Again, windfall legislation is generally seen as unacceptable to the commercial community. Even in the UK, where there was a proposal to pass windfall legislation in respect of oil profits that Shell and other oil companies were said to be making, there was an uproar.

When you pass windfall legislation taking 50% of somebody else’s earnings, that person will immediately transfer it to those closest to them.

It is obvious that those closest are Nigerians whose money is actually deposited.

So, the issue here is the realized profits. The law states that realized profits will be liable to windfall tax.

If banks make realized profits on accounts, they are likely to find ways to recover the windfall tax because the magnitude proposed by the federal government, 50%, is so huge that they will seek ways to recover it.

There’s no question about that.

If the purpose is to create wealth that the government can use to fund its services, there’s a likelihood that it could lead to inflation. It could be inflationary. It could exacerbate the very problem that the government thinks it is solving.

So, I would honestly urge the government to do two things: first, withdraw the legislation and consider other easier ways to generate revenue. I’ve discussed this several times.

The government can easily generate a lot of revenue without this unnecessary difficulty. One area where the government can generate revenue is the oil and gas sector. A lot of revenue can be generated simply by taking control of the country’s oil and gas resources.

I hope you are aware that Nigeria’s oil and gas resources have been handed over to the International Oil Companies (IOCs). Even Aliko Dangote is complaining.

Dangote is unable, despite having the world’s largest refinery in Lagos, to obtain crude because it is not in the interest of the IOCs to allow him access to crude.

The IOCs prefer the situation where they export crude and we import refined products. Therefore, it is not in their interest to change that. If the government were to stop this and address all the leakages in the oil and gas sector, they would make more money than what the so-called windfall legislation would bring.

And there are several other ways that the government can generate revenue in the maritime industry.

I have said time and again that a proactive government that understands how to generate revenue for Nigeria can easily generate N100 trillion.

So what is the purpose of this? It is ill-thought-out and I would urge them to really consider the negative impact it would have on the Nigerian economy.

The presidency believes the proposed windfall tax will help his government bring more infrastructural development to Nigeria. What do you think?

How? There are no details. They’re just saying it. How? That’s the question. The question I would ask is how? I mean, in principle, tax legislation will bring money into the government’s coffers, but you have to carefully examine the nature of the tax legislation.

Firstly, I’ve told you that windfall taxes tend to be viewed negatively by those on whom they are imposed. So when you impose a windfall tax on someone, they look for ways to pass it on to someone else. That’s number one. So, banks are likely to pass on the windfall tax, of 50% of their profits, to us as consumers. That’s one issue.

Secondly, assuming the windfall tax brings in N10 trillion, for example, there is nothing to suggest that because you have extra income, you will not have extra expenses higher interest rates or increased inflation.

So it’s not enough for the government to say, “We’re going to get more money from this.” If you get more money but the price of rice doubles, does that make sense?

So, I’m not sure how well thought out this legislation has been. Is it really going to be progressive legislation that benefits Nigerians in all aspects? Or is it just a case of the government saying, “We’re going to get money”? It’s not enough to say, “I’m going to get money.”

You have to look at the impact of that money. Is it going to be beneficial? In my view, this law won’t be beneficial because it will have all kinds of implications and it will probably be challenged on the grounds of unconstitutionality anyway.
[Nairametrics]

Page 6 of 489