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Court Declares Banks’ Stamp Duty Charges Illegal

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A Federal High Court in Asaba has declared as unlawful, illegal, null and void the deduction of the sum of N50 as Stamp Duty charges from the accounts of commercial bank customers in the country.

Court Declares Banks’ Stamp Duty Charges Illegal

The court in addition made an order restraining the Central Bank of Nigeria (CBN) and banks from making further deductions unless authorised by law.

Justice Nnamdi Dimgba made the declaration in a judgment he delivered in a suit filed by Mr. Rupert Irikefe, a bank customer, challenging the continued deduction of Stamp Duty charges from his current bank account domiciled with Zenith Bank in Asaba, Delta State.

Irikefe had in 2019 instituted a legal action against the CBN, Zenith Bank PLC and the Attorney General of the Federation as 1st, 2nd and 3rd defendants respectively over the continued deduction of Stamp Duty charges from his current account in Zenith, despite a subsisting court order preventing banks in the country from making such charges.

In the suit he filed and argued by himself, Irikefe prayed the court to hold the CBN and Zenith Bank liable for acting in flagrant disobedience of a valid could order.

According to the plaintiff upon noticing several deductions of N50 and N100 from his bank account with the 2nd defendant being Stamp Duty charges, he had paid two visits to the bank branch in Asaba on September 14, 2018 and October 11, 2018 and told them their action contravened the judgment of the competent courts in the country including the Court of Appeal.

He lamented that rather than refund the monies so far collected the 2nd defendant continued to make further deductions on claims that they were following lawful directives of the first defendant.

Among the reliefs plaintiff sought before the court are whether by the decision of the Court of Appeal in appeal number : CA/L/437A/2014 between Standard Chartered Bank Nigeria limited versus Kasmil International Services Limited and 22 others delivered on April 21, 2016 and suit number: FHC/L/CS/126/2016 between Retail Supermarket Nigeria Limited versus Citibank Nigeria Limited and the CBN delivered on March 13, 2017 which found that “there was no express provision in the Stamp Duty Act or any law authorising the deduction or imposing any obligation to deduct or remit N50 as Stamp Duty on tellers, deposits or electronic transfers of monies from N1000 upwards and accordingly nullified same, the conduct of the 1st defendant and 2nd defendant by continuing to impose, direct the imposition, receive and or charge, deduct or remit the said sum of N50 as Stamp Duty…. from the account of the plaintiff is not wrong in law, dismissive and contemptuous of the law, orders of superior courts of competent jurisdiction, condemnable, null and void and of no effect.

He further asked the court to hold that the conduct of the first and second defendants to continue to make deduction in the name of Stamp Duty despite the subsistence and or awareness or the court of Appeal judgment is arbitrary, unlawful, illegal etc.

He accordingly prayed the court to make “ an order setting aside the imposition, deduction and or remittance or Stamp Duty charges.

“An order directing or mandating the first and second defendants to refund to the plaintiff the total cumulative sum illegally deducted from the commencement of deductions on January 31, 2016 to the date of filing the suit”.

Plaintiff also prayed for the sum of N50 million as general damages and another N50 million as exemplary damages.

“An order of injunction restraining the defendants from further deducting the sum of N50 Stamp Duty on teller’s deposits and or electronic transfers on Money transaction… unless authorised by law”.

Delivering judgment, Justice Dimgba who noted that the first defendant “acted in bad faith”, said, “I have never ceased to wonder, the practice that is very much exacerbated in current climes, where agencies of the government treat decisions of Court of law with disdain and to carry on as if those decisions were not in existence”.

The judge also noted that the second defendant willingly disobey the judgment of court when it acted recklessly and at its own peril to continue to deduct Stamp Duty charges from the plaintiff’s account in the face of clear and binding judicial decisions arising from judicial proceedings which the second defendant itself participated.

“All things considered, it is trite that a judgment not appealed against or set aside by a higher court is valid, subsisting and binding on all parties”.

While upholding the argument of the plaintiff, Justice Dimgba further held that the defendants did not place before the court any judgment or order of superior courts overriding the ones plaintiff anchored his case on.

He further held that the defendants failed to present to the court any amendment to the Stamp Duty Act empowering them to continue to make the deductions.

“In the absence of the above, it is irresistible to say that the suit has merit and should succeed.

“I hereby resolve the questions posed in the Originating Summons in favour of plaintiff.

“I enter judgment in favour of plaintiff on the following terms. Reliefs 1,2,3,4,5 and 8 are hereby granted.

“Relief 6 is refused. 7 is granted but limited to the sum of N2 million.

“Cost of N500,000 in favour of plaintiff jointly and severally”.

The judge added that, “This relief is granted to set an example that it is reprehensible conduct to willfully disobey decisions of competent court of law”.


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E-Financial

World Bank Plans $1.65Bn Loans for Nigeria in 2025

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The World Bank is set to decide on three major loan projects for Nigeria in 2025, totalling $1.65bn, as part of efforts to address critical developmental challenges in the country.

World Bank Plans $1.65Bn Loans for Nigeria in 2025

The loans, currently in the pipeline, will focus on internally displaced persons, education, and nutrition enhancement.

According to information obtained from the World Bank’s website, the loans are designed to support Nigeria’s social and economic recovery, particularly in vulnerable sectors requiring urgent intervention.

The first project, titled Solutions for the Internally Displaced and Host Communities Project, has a commitment amount of $300m and is scheduled for approval on April 8, 2025.

The project, which remains at the concept review stage, seeks to provide sustainable solutions for internally displaced persons and their host communities, addressing their social and economic challenges.

The second project, HOPE for Quality Basic Education for All, is expected to receive $553.8m in financing.

Its approval is slated for March 20, 2025, and it also remains in the concept review phase.

The third project, Accelerating Nutrition Results in Nigeria 2.0, involves the largest share of the proposed loans, with a commitment of $800m.

The World Bank is expected to hold a decision meeting on the project by February 20, 2025.

The $1.65bn financing package reflects the World Bank’s continued commitment to supporting Nigeria’s ongoing reforms.

The World Bank’s schedule indicates that decisions on these loans will be made in early 2025, with Nigeria’s ability to meet project prerequisites and demonstrate accountability in implementation likely to play a key role in getting the funds.


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CBN Pegs Daily Transaction Limit on PoS Agents @ N1.2m

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The Central Bank of Nigeria (CBN) has restricted Point of Sales (PoS) agents to a daily transaction limit of N1.2 million. The apex bank revealed this in its ‘Circular on Cash-Out Limits for Agent Banking Transactions,’ released on Tuesday.

It noted that this is in line with its ongoing efforts to advance a cashless economy. “The Bank hereby releases the following policy interventions, which have become necessary to enhance the use of electronic payment channels for agency banking operations,” the circular signed by Oladimeji Yisa Taiwo for the Director, Payments System Management Department, read.

According to the Nigerian Financial Services Report, agency banking (Point of Sale [PoS] and mobile money) is one of the major ways people without bank accounts get money from people outside their community and is a key enabler of financial inclusion. As of July 2024, Nigeria had 3.05 million deployed PoS and 4.06 million registered PoS terminals, according to the Nigeria Interbank Settlement System Plc.

Part of this policy intervention also set a cash withdrawal limit per customer (regardless of channel) at N500,000 per week.

All agent banking terminals are now set to a daily maximum transaction cash-out limit of N100,000 per customer, and an agent’s daily cumulative cash-out limit is now pegged at N1.2 million.

Also, agent terminals must be connected to a Payment Terminal Service Aggregator (PTSA). “Ensure that all daily transactions per agent, including withdrawals, limits of transactions, and balances in the float accounts of each agent, are sent electronically to NIBSS as a report to the CBN. The template of this report will be sent to principals,” the apex bank noted.

According to the CBN, agent banking services are now to be demarcated from merchant activities, and agents must apply the approved Agent Code 6010 for agent banking activities.

 


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SEC Urges Public Companies to Publish Financials Online by January 2025, Threatens Sanctions

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The Securities and Exchange Commission (SEC) has issued a directive requiring all publicly-listed companies to publish their financial statements on their websites starting January 2025. The commission warned that failure to comply with this directive would attract sanctions.

In a statement released on Tuesday, SEC noted that while public companies routinely file periodic returns with the commission and relevant securities exchanges, many fail to make these financial statements accessible on their websites, contravening Rules 39 and 41 of the Commission’s Rules and Regulations.

“The rationale for the publication of periodic returns on their websites is to provide seamless access by the public to such information, which would serve as a guide to making sound investment decisions,” SEC stated.

The commission emphasized the importance of timely disclosures as a critical aspect of shareholder engagement and investor confidence.

SEC has outlined strict enforcement measures for companies that fail to comply with the directive. Effective January 2025, any public company that does not publish its periodic financial returns on its website alongside submissions to the SEC and relevant securities exchanges will face penalties.

“Timely disclosures are a key component of shareholder engagement,” the statement reiterated, adding that public companies must align with these rules to avoid regulatory action.

Meanwhile, SEC also addressed fintech operators in the capital market, emphasizing the need for compliance with regulatory frameworks when raising funds.

Emomotimi Agama, SEC’s Director-General, reiterated the commission’s commitment to safeguarding investor interests amidst the growing adoption of fintech solutions in the capital market.

“Fintech operators must adhere to the rules of the capital market, as the commission remains steadfast in protecting investors,” Agama stated.

This directive underscores SEC’s dedication to transparency and investor protection while promoting accountability among public companies and market operators.


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