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Court Faults CBN on Discriminatory Bank Charges

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A federal high court sitting in Awka, Anambra state has faulted the Central Bank of Nigeria (CBN) for imposing discriminatory bank charges on some categories of cash depositors from N500,000.00 and above in selected six states and the FCT.

Court Faults CBN on Discriminatory Bank Charges

Godwin Emefiele, CBN Gov

The CBN had through two Circulars tagged BPS/DIR/GEN/CIR/04/004 and PSM/DIR/CON/CWO/02/014, published on April 20, 2017 and September 17, 2019 respectively, imposed the charges.

The court’s position followed a Suit marked FHC/AWK/CS/91/2020 filed by Chijioke Ifediora, a lawyer, challenging the said CBN action in which he stated that the charge was ultra vires, illegal and unconstitutional.

The Plaintiff had urged the Court presided by Justice Nnamdi Dimgba to, considering the provisions of Sections 1 (3 ), 2 ( 1) and Section 42 of the Constitution of Nigeria, 1999 ( as amended), determine whether the said two CBN Circulars are not discriminatory, ultra vires, unconstitutional and illegal.

The plaintiff in his averment said he took the decision to sue the CBN when on January 7, 2020, he went to the Bank at Amawbia Awka, to make cash lodgement of N600,000 into his account, and was told that he would not be allowed to effect the deposit without paying the charge in accordance with the CBN Circular PSM/DIR/CON/CWO/02/014.

Ifediora consequently urged the court to grant three reliefs that the said two CBN Circulars are ultra vires, unconstitutional and illegal. That they are in conflict with Section 1(3), Section 2(1) and Section 42 of the 1999 Constitution of Nigeria and that the charges emanating from the implementation of the two CBN Circulars are illegal and unlawful.

The five Declaratory Orders the Plaintiff sought were for the CBN “to refund all citizens and corporate bodies operating in Anambra illegally or unlawfully charges by the implementation of the said Circulars,

“To refund of all citizens and corporate bodies operating in Anambra, Abia, Lagos, Ogun, Kano, Rivers and FCT who were also allegedly illegally or unlawfully charged by the implementation of the Circulars.

“To order a perpetual injunction restraining the Defendant/ CBN from publishing or issuing Circulars or implementing similar policies that are discriminatory or in conflict with Section 42 of the Constitution,

“To restrain all Financial Institutions and Deposit Money Banks from implementing similar discriminatory policies,

“And to direct the CBN to make a reversal publication of the implementation of the said Circulars in five ( 5) national newspapers indicating compliance with the decision of Court and refund of the unlawful charges”.

Chief Musa M.Tolani, counsel for the CBN, an Aba based legal practitioner, in his submission, argued that the Plaintiff lacked the locus standi to institute the Suit.

He described the plaintiff as a meddlesome interlopper, since he did not have the authority of all the citizens and corporate institutions residing in the states affected by the CBN circular, and failed to show how the policy affected him injuriously more than the rest of the residents of the states being sought to be protected.

The defence counsel added that the policy was introduced to facilitate the implementation of the CBN well intentioned and worthy cashless policy for the overall well-being of the Federation economy.

In his judgement, Justice Dimgba agreed with the Plaintiff that the policy was discriminatory before its general application across the Federation, hence the Suit is one challenging the lawfulness of the action of the CBN, which is a Federal Government agency.

He stressed that Section 252(1)(p) of the Constitution has vested the court with the jurisdiction to the exclusion of any other court to dispose of matters like that.

While he agreed with the Plaintiff that the CBN policy was discriminatory and offended section 42 of the 1999 constitution (as amended) in the first three reliefs sought by the Plaintiff, but refused to grant his five (5 ) consequential Orders sought from the Court.

Justice Dimgba explained that his refusal to grant the five consequential Orders was because it was admitted during oral hearings that the policy is now of nationwide application.

He made no order as to costs against the Defendant.


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E-Financial

CBN Introduces EFEMS to Enhance Transparency in Forex Market

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Central Bank of Nigeria (CBN) has introduced an Electronic Foreign Exchange Matching System (EFEMS) for Foreign Exchange (FX) transactions within the Nigerian Foreign Exchange Market (NFEM).

CBN Introduces EFEMS to Enhance Transparency in Forex Market

Yemi Cardoso, Governor, CBN

According to the CBN, the new system will be operational in the Nigerian Foreign Exchange Market by 1 December 2024 after a two-week test run scheduled for November.

In a circular signed by Dr. Omolara Duke, director of the Financial Market Department at the CBN, the apex bank explained that EFEMS is designed to improve governance and transparency in the FX market.

It is also expected to promote a market-driven exchange rate that will be more accessible to the public.

According to the CBN, “the introduction of EFEMS will enhance governance, transparency, and facilitate a market-driven exchange rate accessible to all.”

The system is expected to curb speculative activities, reduce market distortions, and provide the CBN with improved oversight capabilities for regulating the market effectively.

The CBN said it will publish real-time data on prices and buy/sell orders from the EFEMS. Additionally, in collaboration with the Financial Markets Dealers Association (FMDA), the CBN will release the rules for operating the system.

It added that the Nigerian FX Code and revised Market Operating Guidelines will also offer guidance to market participants.

Also, authorized dealers are required to ensure full compliance with the existing guidelines governing the Nigerian foreign exchange market and must complete all necessary documentation, training, and system integrations ahead of the December go-live date.


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FG to Rename FIRS, Plans Tax Tribunal

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President Bola Tinubu has transmitted four Fiscal Policy and Tax Reform Bills to the National Assembly for accelerated consideration and passage into law, including Economic Stabilisation Bills, which seeks the repeal of the Federal Inland Revenue Service (FIRS) Act and enactment of the Nigeria Revenue Service Act in its place.

FG to Rename FIRS, Plans Tax Tribunal

Tinubu also transmitted the Joint Revenue Board (Establishment) Bill, intending to create a tax tribunal and a tax ombudsman for the country.

Others are the Nigeria Tax Bill 2024, which is expected to provide the fiscal framework for taxation in the country, and the Tax Administration Bill, which will provide a clear and concise legal framework for all taxes in the country and reduce disputes.

Tinubu conveyed Bills via a letter addressed to Hon. Abbas Tajudeen, speaker of the House of Representatives , which was read on the floor of the House at plenary on Thursday.

Tinubu stated that the four Bills will help actualise government’s desire for a proper tax and financial regime for Nigeria, and expressed confidence at the usual cooperation of the House of Representatives on such critical matters.

“The proposed tax bills present substantial benefits that align with my government’s objectives and fiscal reform on the economic growth by enhancing taxpayer compliance, strengthening our fiscal institutions and fostering a more effective and transparent fiscal regime,” he said.

The president had in his Independence Day national broadcast said: “To stimulate our productive capacity and create more jobs and prosperity, the Federal Executive Council approved the Economic Stabilisation Bills, which will now be transmitted to the National Assembly.

“These transformative bills will make our business environment more friendly, stimulate investment and reduce the tax burden on businesses and workers once they are passed into law.”

 

 

 

 


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Polaris Bank Emerges Nigeria’s Top Bank in MSME Lending

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Polaris Bank, a money deposit retail bank in Nigeria, has been recognised as the country’s top bank in Micro, Small, and Medium Enterprises (MSME) lending at the inaugural MSME Finance Awards 2024.

The event, organised by Nairametrics and The Economic Forum, took place over the weekend in Lagos. This award highlights Polaris Bank’s dedication to supporting MSMEs through various direct and indirect funding initiatives.

The judges emphasized the bank’s consistent efforts in providing sustainable finance, which has enabled Nigerian entrepreneurs to grow and expand their businesses.

In response to the award, Polaris Bank’s Managing Director, Mr. Kayode Lawal, expressed gratitude and reaffirmed the bank’s commitment to supporting Nigerian MSMEs.

He noted, “We are honoured by this recognition, which underscores our unwavering commitment to empowering micro, small, and medium businesses. These enterprises are essential drivers of economic growth, innovation, and job creation.”

Lawal also praised Nairametrics and The Economic Forum for their recognition, adding, “This award is a testament to our team’s dedication to providing tailored financial solutions. It further motivates us to continue our strategic focus on MSME lending, financial inclusion, and Nigeria’s broader economic development.”

Polaris Bank’s approach to MSME lending aligns with its mission to deliver innovative, customer-centric services that help businesses thrive, further cementing its reputation as a key player in driving Nigeria’s economic progress.


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