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Banks Call for Special Court to Deal with Financial Crimes

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Dr Ken Opara, president, Chartered Institute of Bankers of Nigeria (CIBN) has said that there was a need for the creation of a specialised court to exclusively deal with commercial and financial cases as opposed to having divisions within the existing court structure.

Banks Call for Special Court to Deal with Financial Crimes

Opara, spoke at a programme organised by the CIBN in collaboration with the National Judicial Institute (NJI),

He was concerned about the dynamic nature of the financial sector, especially with rising financial technology, saying there was a need to deliver judgment.

According to him, there is also a need for the sector to work together to boost capacity otherwise the right judgment could remain elusive.

“We need to speed up cases. That is why we are canvassing for a commercial court. We have seen a lot of improvement, especially division and department in taking care of commercial cases. But we think much more needs to be done by setting up a special court for commercial and financial cases that will be able to take care of our financial matters,” he said.

Opara said strong measures are required on cybersecurity as capital is being eroded due to gaps that exist globally.

While Olayemi Cardoso, governor of the CBN, had said banks would be required to increase their capital base to service the $1 trillion economy projected by President Bola Tinubu, Opara said banks had already taken steps ahead of the apex.

He said most banks in Nigeria would be able to meet the benchmark, adding that raising the fund would not be an issue for Nigerian banks.

At the event, which focused on ‘The Financial Service Industry and the Judiciary: Upscaling for a Sound Economic Ecosystem,’ Opara said magistrate courts are illegally issuing bankers orders despite a series of judicial precedents.

Opara added that while the responsibility of the Economic and Financial Crime Commission (EFCC) to curb crime cannot be over emphasized, officials from the commission are illegally storming banks and directing the bank to place post no debits on the account of the bank customers contrary to the legal provisions on confidentiality of banks accounts.

“Traditionally, the application for a Garnishee specifies the third-party (garnishee) in the custody of the debtor’s assets to be attached. However, the prevalent practice continues to be for the judgment creditor to proceed against all banks (as garnishees) without first verifying the indebtedness of the bank to the judgment debtor,” he said.


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E-Financial

CAC Moves Against Unregistered POS Operators as Deadline Expires

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The Corporate Affairs Commission (CAC) has begun moves to enforce its directive that Point of Sale (POS) operators should register with the commission.

The registration directive gave POS operators July 7, 2024 to September 5, 2024.

In a statement released by the Commission, the CAC said that it is now working closely with law enforcement agencies and other relevant stakeholders to develop and implement a robust enforcement and sanction framework.

This framework, according to the CAC, will not only target the shutdown of non-compliant businesses but could also involve more severe legal actions against defaulters.

The Commission expressed concern over the low level of compliance by POS operators, despite the large number of such businesses operating across the country.

They also commended those operators who adhered to the directive, noting their responsible approach to formalizing their operations.

“We are to make it clear that the Commission is working with Law Enforcement Agencies and other relevant stakeholders to deploy a comprehensive enforcement and sanction framework that may include not only possible shutdown but other severe legal Consequences,”

However, the Commission criticized what it termed “recalcitrant operators,” many of whom have either refused or failed to comply with the registration requirement.

The CAC suggested that some of these operators might be engaging in “unwholesome activities” or have other undisclosed reasons for resisting formalization.

As the CAC moves towards enforcement, it urges all unregistered POS operators to take immediate steps to formalize their businesses or face the consequences of their inaction.

Recall that in May 2024 the CAC announced that PoS agents have been given a deadline of July 7, 2024, to register their business.

Hussaini Magaji, Registrar-General of the CAC, who announced this said this was the agreement with the PoS operators after a meeting in Abuja.

According to him, the registrations also align with the legal requirements and the directives of the Central Bank of Nigeria.

He added that the action was equally backed by Section 863, Subsection 1 of the Companies and Allied Matters Act, CAMA 2020 as well as the 2013 CBN guidelines on agent banking.

Magaji said the registration is aimed at safeguarding the businesses of fintechs and customers, strengthen the economy and tackle the surge in fraud in Nigeria’s financial industry.

The Commission also announced an extension of the mandatory registration for Fintech Operators to September 5, 2024.

It said the 60-day extension is to give sufficient time to operators particularly those in remote areas who might have encountered network challenges to register and continue with their businesses.

“The Corporate Affairs Commission wishes to notify Fintech Operators also known as Point of Sales Operators that the initial deadline of 7th July 2024 given for the registration of sole Agents, Super Agents, and Agents has been extended for sixty days beginning from 7th July 2024 to the 5th September 2024,” CAC said in the notice.

“This is to give sufficient time to Operators particularly those in remote areas who might have encountered network challenges to register and continue with their businesses.”


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CBN Sells FX to BDCs @N1 580/$ to Boost Liquidity

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Central Bank of Nigeria (CBN) has approved the sale of dollars to bureau de change (BDC) operators at a rate of N1,580 per dollar.

In a circular signed by W.J Kanya, the acting director of the trade and exchange department, on Friday, September 6, the CBN stated that each BDC operator is eligible to purchase $20,000 in foreign exchange (FX).

The directive further stipulated that all BDCs are permitted to sell FX to eligible end-users at a margin of no more than 1 percent above the purchase rate set by the CBN.

The CBN also instructed interested and eligible BDCs to make their naira payments to the CBN deposit account numbers assigned to them.

It read; “This is to inform the Bureau De Change (BDC) Operators and the general public that we are providing more liquidity into the market. To this end, the CBN has approved the sale of US$20,000.00 to each eligible BDC at the rate of N1,580/$.

“This is to meet the demand for invisible transactions. Also, payment confirmation and all necessary documentation for disbursement are to be submitted at the appropriate CBN branches – (Abuja, Awka, Kano and Lagos) for collection of the US$20,000.00.”


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SEC Introduces eFiling System to Reduce Listing Time

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Securities and Exchange Commission (SEC), has said that it has introduced various initiatives to reduce time to market with the aim of improving the efficiency and attractiveness of the Nigerian capital market, promote economic growth and development.

SEC Introduces eFiling System to Reduce Listing Time

Dr. Emomotimi Agama, director general, SEC, who stated this, said these initiatives include streamlined registration processes, introduction of an electronic filing system and enhanced regulatory frameworks among others.

Agama emphasized that shorter time to market can benefit capital market development in several ways like increased liquidity which will lead to faster listing allowing companies to access capital more quickly, increased liquidity in the market and enable companies to allocate resources more efficiently, thereby driving economic growth.

He stated: “Shorter time to market will also improve investor confidence because when the listing processes are efficient, it can enhance investor trust and confidence in the market.  A shorter time to market can make a jurisdiction more attractive to companies and investors, promoting competition and growth’’.

Explaining further, he said, “The Commission has been actively digitizing its operations, including the submission and processing of applications for securities registration, to reduce delays caused by manual processes. This involved the use of electronic platforms for document submissions and approvals, which not only speeds up the process but also improves transparency.

“We have undertaken regulatory reforms aimed at simplifying and streamlining the approval processes. These reforms include updating rules and regulations to reflect current market realities and adopting international best practices that enhance efficiency. For instance, the Commission introduced checklist review for registration of fixed income securities, thereby shortening the review and approval timelines. The Commission launched and conducted a targeted bi-annual training for Issuing Houses to enhance time to market and fast-track review of applications”.

 

 

 


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