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CBN Sanction: A Dis-Incentive To Capital Investment

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By Cheku Alkali

A fundamental objective of financial regulation is the safety and soundness of financial institutions, and the ability of regulators to mitigate systemic risk through effective policy/reforms.

This assertion represents the statutory mandate of the Central Bank of Nigeria (CBN) under the Central Bank of Nigeria Act, 2007; the Banks and Other Financial Institutions Act (BOFIA); and the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act 1995 and other subsidiary legislations.

Admittedly, financial systems cannot function effectively without confidence in the markets. However, due to the volatile nature of the financial market, regulatory actions or inactions may cause disruption to the financial system; thereby reducing confidence in the ability of markets to function effectively.

This in turn could impair the availability of credit and overall economic activities in the country. It is against this background and the overarching responsibility of the CBN to ensure soundness of the financial system (whilst encouraging foreign capital investment) that this writer examines the impact of CBN’s sanction on MTN Nigeria Communications Limited (MTN).

The Central Bank of Nigeria on Wednesday, August 29, 2018, directed MTN to refund the sum of $8.13 billion for alleged illegal conversion of shareholders’ loans to preference shares; and the repatriation of same out of Nigeria.

Other affected parties are four Banks namely – Citibank, Diamond Bank, Stanbic IBTC and Standard Chartered Bank (the Banks)- all directed to refund the sum of NGN2.5 billion for allegations of illegal remittances of foreign exchange with irregular certificates of capital importation (CCIs) issued on behalf of some offshore investors of MTN between 2007 – 2015.

CBN’s investigation was primarily on three key “infractions” to wit; issuance of Certificates of Capital Importation (CCI’s) for the following items; foreign currency sourced locally; falsely declared capital importation; and interest-free loans converted to preference shares without authorization.

In response, MTN described the allegation as regrettable, and reiterated its intention to vigorously defend its position before a court of competent jurisdiction.

At the time of going to print, we understand MTN has instituted an action in this regard at the Federal High Court of Nigeria.

CCI is a certificate issued by an authorized dealer (usually a licensed commercial bank) confirming an inflow of foreign capital either in form of cash (loan or equity) or goods.

CCI is usually issued in the name of the investor with 24-48 hours of the inflow of the capital into Nigeria.

Its primary purpose is to guarantee access to the foreign exchange market for the repatriation of capital/returns on investment – dividend, interest and capital on divestments, as well as repayment of principal and interest accruing on a foreign loan.

Assuming to be correct, the allegation against MTN and the Banks, the question which arises is whether the CBN has effectively discharged its responsibility of financial supervision given the length of time (8 years) it took to realise, investigate and sanction the affected parties.

As stated, foreign investors are permitted to import capital or invest in any enterprise in foreign currency, through authorized dealers – who are permitted to issue CCIs within 24 (sometimes 48) hours of receiving the capital inflow.

It may then be argued, that the inability of the CBN to effectively and promptly monitor the inflow and outflow of foreign capital, is effectively a failure to discharge its statutory obligation.

Put differently, the CBN should have sanctioned the affected entities long ago to avoid the disruption now caused because of the delay in this regard. An unintended effect of this regulatory lapse may be the resultant lack of confidence and transparency in the financial market, that tends to stifle foreign investment activities.

The CBN Manual 2006 (the operating manual at the time the actions of the above-named entities were carried out) provides that foreign investors are guaranteed unconditional transfer of their capital, profits and dividends attributable to their investments in any convertible currency through authorized dealers.

This means that a company/investor intending to repatriate its capital will be required to provide a CCI as evidence that the original investment was imported into Nigeria.

Following the CBN sanction, MTN has witnessed a drop in its share price by 23%. Even in the event the allegations are false and MTN succeeds in its claim against the CBN, the reputational damage to the nation may be irreversible.

For the savvy investor desirous of repatriating capital returns, economic headwinds would seem to warn against bringing in capital investment. Investors would find it easy to conclude that bringing in funds would be unwise because of a perceived inability to access and repatriate same when required.

Thus, by failing to proactively supervise the instant issue, the CBN; despite acting within its statutory powers, may occasion a ripple effect on investor’s confidence in Nigeria’s financial system.

Looking forward, instead of taking similar (delayed) reactionary measures, this writer suggests that the CBN should look to strengthen its monitoring, and processing of CCIs of foreign investment flows in and out of the country.

To achieve this, it can adopt a twin approach to its supervisory role to ensure transparency, market integrity, and consumer protection. This approach of coupling the power of sanction with proactive regulation, will also ensure that the CBN acts as a catalyst for foreign direct/portfolio investment as opposed to becoming an inadvertent market disruptor. It will better reinforce the CBN’s commitment towards ensuring a transparent and stable financial system.

A regulator such as the CBN must always weigh the outcome of its actions or inactions on the market before taking any step. Although it is difficult to have near perfect supervision, it is possible to implement stronger financial supervision measures to reduce the chances of putting foreign capital investment to flight.

Financial regulation in this regard can serve as not just a means of maintaining stability, but as an instrument for growth and development of the financial system.

 Cheku Alkali is an Associate of Perchstone and Graeys


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FIRS Rolls out e-invoicing System for Large Corporate Taxpayers

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The Federal Inland Revenue Service (FIRS) has launched a national electronic invoicing system, seen as a significant step toward digitising the country’s tax infrastructure and boosting compliance among large corporate taxpayers.

The system, known as the Merchant-Buyer Solution (MBS), officially went live on August 1 after a successful pilot phase that began in November 2024. It is being rolled out in phases, starting with companies that have an annual turnover of at least ₦5 billion. According to FIRS, these large taxpayers represent over 5,000 businesses nationwide.

More than 1,000 companies — roughly 20% of eligible firms — have already integrated with the platform, including telecoms giant MTN Nigeria, which became the first to transmit live electronic invoices to the tax authority. Other major players such as Huawei Nigeria and IHS Towers are completing their onboarding and are expected to go live in the coming days.

“The launch of the e-invoicing regime ushers in a new era of transparency, accuracy, and real-time monitoring of commercial transactions,” Dare Adekanmbi, who is the spokesperson for Zacch Adedeji, FIRS Chairman, said in a statement on Sunday.

The e-invoicing solution forms part of the agency’s broader Electronic Fiscal System (EFS), which is designed to ensure authenticity and completeness of invoice data and limit opportunities for tax evasion. It also aligns with Nigeria’s Revenue Services Reform Act — a legislative framework aimed at harmonising revenue collection and providing a single source of truth for government receipts.

The FIRS said it is working in collaboration with the National Information Technology Development Agency (NITDA) to incorporate system integrators and access point providers into the onboarding ecosystem. These providers are tasked with supporting the integration process and helping companies manage their transition onto the e-invoicing platform.

While the original deadline for onboarding was set for August 1, the tax agency has granted a three-month grace period to allow companies facing operational challenges to comply. The new deadline for mandatory integration is November 1, 2025.

“In the spirit of encouraging voluntary compliance, the FIRS management has graciously approved a three-month extension of the deadline,” the agency said. “We also acknowledge the genuine efforts of many taxpayers who strove to meet the 1st of August 2025 deadline but encountered operational constraints.”

The system will eventually be extended to medium and smaller enterprises, but for now, the focus remains on onboarding the largest players, who contribute a significant share of Nigeria’s corporate tax base.

Nigeria, Africa’s largest population, has been ramping up efforts to boost non-oil revenues amid volatile crude prices and growing fiscal pressures. Tax-to-GDP ratio remains among the lowest globally, estimated at just over 10%, according to official figures.

The FIRS has increasingly leaned on technology to expand the tax net and reduce leakages.

“The e-invoicing platform gives us real-time visibility into the business-to-business segment, which has historically been under-reported,” a senior FIRS official familiar with the rollout said, requesting anonymity because he was not authorized to speak publicly. “It significantly enhances our ability to track transactions and enforce compliance.”

To facilitate onboarding, the FIRS e-Invoicing Implementation Team is conducting webinars, workshops, and town hall sessions across the country, targeting tax consultants, financial controllers, and compliance officers within affected firms.

The Federal Government expects the digitisation effort to streamline tax administration, reduce disputes and simplify audit processes for both taxpayers and regulators.

The FIRS has not disclosed projected revenue gains from the e-invoicing rollout, but industry experts believe it could yield significant medium-term improvements in tax efficiency and administration.

 


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Google Hit by AI-driven Cyber Attack

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Google has become the latest company to fall victim to cyber criminals increasingly using artificial intelligence (AI) to bypass security measures and trick users with highly-realistic documents that install malware on networks.

This Google attack, following a similar incident targeting Microsoft SharePoint servers globally, was confirmed earlier this week.

Google, one of the so-called “Magnificent Seven” US tech companies, revealed that one of its corporate Salesforce instances was compromised by a financially-motivated threat cluster known as UNC6040.

AI is rapidly becoming hackers’ tool of choice for crafting convincing e-mails and phone calls that mimic familiar voices or sound authentically human. E-mails often include attachments that appear legitimate, prompting recipients to click and unwittingly allow malware to infiltrate networks. Meanwhile, phone calls push targets to click links sent via SMS or WhatsApp.

Richard Cassidy, Europe, Middle East and Africa chief information security officer at Rubrik, says: “We are definitely seeing these incidents become more prevalent. What’s driving this surge is a combination of rapidly-evolving AI-enabled attack tools, and the ever-expanding attack surfaces created by widespread digitalisation, without proportional investment in cyber resilience.”

The UNC6040 group targets Salesforce environments by impersonating IT support to deceive employees into installing malicious connected apps, often disguised as Salesforce’s Data Loader. This enables the attackers to covertly access networks and extract sensitive data.

Quick response

In the most recent attack, Google said it “responded to the activity, performed an impact analysis and began mitigations”. The breach affected systems storing contact information and related notes for small and medium businesses.

“Analysis revealed that data was retrieved by the threat actor during a small window before access was cut off. The data retrieved was confined to basic and largely publicly available business information, such as business names and contact details,” Google said.

Google also reported that the extortion involved calls or e-mails to victim organisation employees demanding Bitcoin payments within 72 hours. During these communications, the threat actors have consistently claimed to be the group known as ShinyHunters.

Large-scale attacks

SentinelLABS and Beazley Security recently uncovered and analysed a rapidly-evolving series of infostealer campaigns delivering the Python-based PXA Stealer. This malware uses Telegram bots to sell stolen data in a manner that is nearly undetectable.

The actors, reportedly Vietnamese hackers, have compromised more than 4 000 unique victim IP addresses across at least 62 countries, including South Korea, the United States, the Netherlands, Hungary and Austria.


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‘Fraudsters Have Cloned my Voice’- Akume

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George Akume, secretary to the Government of the Federation, has raised alarm over the activities of a criminal syndicate allegedly cloning his voice and using it to defraud unsuspecting Nigerians with promises of Federal Government appointments.

‘Fraudsters Have Cloned my Voice’ – Akume

George Akume, SGF

In a statement issued by Yomi Odunuga, his special adviser on Media and Publicity, on Thursday, Akume said the fraudsters have impersonated him in audio calls and text messages, targeting high-profile individuals and soliciting payments ranging from ₦5 million to ₦15 million in exchange for phantom political positions.

“From information available to the office, the fraudsters cloned the voice of the SGF, using it to solicit money in return for federal appointments,” the statement read.

The SGF further revealed that the scammers not only cloned his voice but also spoofed the phone numbers of other high-profile individuals to give credibility to their fraudulent scheme.

“These scammers attach bank account details to messages sent to victims and request them to send their CVs to cloned emails,” Odunuga added.

The statement noted that the fraudsters have been operating through both traditional bank accounts and fintech mobile wallets, complicating efforts to trace the financial trails.

Distancing himself from the illicit scheme, Akume stressed that appointments to Federal Government boards and parastatals are transparent and not for sale under any guise.

The statement noted, “Senator Akume emphasized that the appointment processes for Nigerians into boards and parastatals are transparent and verifiable, urging individuals not to pay any money in expectation of securing a position.”

The Office of the SGF confirmed that it has notified relevant security agencies, urging members of the public to report suspicious calls or messages to law enforcement.

“The Office of the SGF strongly advises Nigerians to report the activities of these fraudulent people to the authorities while taking all precautionary steps necessary to avoid being victims of th


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