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IST Orders NDIC to Pay IPO Subscriber

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Investment and Securities Tribunal (IST) has ordered the Nigeria Deposit Insurance Corporation (NDIC) to pay a subscriber to an aborted initial public offering (IPO), in a landmark judgment that places the burden of uncompleted transactions on the NDIC.

IST Orders NDIC to Pay IPO Subscriber

The IST ordered NDIC to pay Winners Medical Diagnostic and Research Institute Limited N5 million for the aborted share purchase transaction.

According to The Nation, in addition, the NDIC is to pay N5 million at two per cent interest above the Central Bank of Nigeria (CBN) MRR from March 2006 when NDIC took over All States Trust Bank until the full payment of the principal sum.

The IST also awarded to Winners Medical Diagnostic and Research Institute, cost of N500,000 to be paid by NDIC.

But NDIC said it would instruct its solicitors to appeal the judgment.

The case involved Winners Medical Diagnostic and Research Institute and eight others, including NDIC, in which Winners Medical Diagnostic and Research Institute  bought 2.5 million shares in the 2005 IPO of the former All States Trust Bank Plc, now Ecobank Plc, at N2 per shares of 50 kobo each and paid N5 million.

The Tribunal found that it was wrong for the NDIC to classify the Winners Medical Diagnostic and Research Institute as a creditor, as it had no contractual relationship with the All States Trust Bank Plc for which it was expecting payments, but was rather a subscriber to its aborted IPO, whose money is by the capital market law, rules and regulations termed “return money”, to be refunded by the entity in custody of the money.

The Tribunal added that “NDIC having not denied that it took over the subscription money for the aborted All States Trust Bank Initial Public Offer, should be in a position to refund to Winners Medical Diagnostic and Research Institute Ltd the sum of N5, 000, 000, it paid for the un-allotted shares of All States Trust Bank”.

According to the IST, Winners Medical Diagnostics & Research Institute subscribed to 2, 500, 000 units of shares in the 2005 IPO of the former All States Trust Bank Plc, now Ecobank at N2 per shares of 50 kobo each and paid N5 million, which was acknowledged by the First Bank Plc and NDIC.

Though acknowledging the existence of the share-IPO suspense account, Ecobank Nigeria said it was not part of the private sector deposit liabilities of All States Trust Bank it inherited.

Reacting to the judgment, the NDIC said the decision of the tribunal was in error as it misconstrued and consequently misapplied the provisions of the legislations governing bank liquidation.

“The share/IPO subscription fee which was paid by Winners Medical Diagnostic and Research Institute to the defunct bank for the allotment of shares only qualifies the claimant as a creditor to the defunct bank as the subscription fee would be treated as money had and received by the defunct bank,” NDIC stated.

NDIC noted that it was an undisputed fact that Winners Medical Diagnostic and Research Institute was not a customer to the defunct bank but a subscriber to its shares, which unfortunately, were not allotted to it before the bank went under.

The NDIC said it was not contending the indebtedness of the defunct bank to Winners Medical Diagnostic and Research Institute for the IPO subscription fee.

“Rather, the position and contention of the NDIC is that the law on priority of claims must be strictly followed in the distribution of the assets of the defunct bank.

“To pay Winners Medical Diagnostic and Research Institute Ltd as ordered by the Tribunal without following due process as prescribed by law would amount to illegality on the part of the liquidator (NDIC) as it would be a clear violation of the express provision of the laws quoted above” NDIC stated.

According to NDIC, the tribunal also erred when it ordered the NDIC in its corporate capacity to pay the claimant the judgment sum as any award of damages should be against the defunct bank as it is still a legal entity until dissolved and its name struck out of the register of companies at the CAC.

 

 

 

 

 

 

 

 


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Kaspersky Identifies New Stealthy Ransomware

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Kaspersky’s Global Emergency Response Team has identified a previously unseen ransomware strain in active use, deployed in an attack following the theft of employee credentials.

The ransomware, dubbed “Ymir”, employs advanced stealth and encryption methods. It also selectively targets files and attempts to evade detection.

Ymir ransomware introduces a unique combination of technical features and tactics that enhance its effectiveness.

Uncommon memory manipulation techniques for stealth. Threat actors leveraged an unconventional blend of memory management functions – malloc, memmove, and memcmp – to execute malicious code directly in the memory.

This approach deviates from the typical sequential execution flow seen in widespread ransomware types, enhancing its stealth capabilities. Furthermore, Ymir is flexible; by using the –path command, attackers can specify a directory where the ransomware should search for files.

If a file is on the whitelist, the ransomware will skip it and leave it unencrypted. This feature gives attackers more control over what is or isn’t encrypted.

Use of data-stealing malware. In the attack observed by Kaspersky experts, which took place on an organisation in Colombia, threat actors were observed using RustyStealer, a type of malware that steals information, to obtain corporate credentials from employees.

These were then utilised to gain access to the organisation’s systems and maintain control long enough to deploy ransomware. This type of attack is known as initial access brokerage, where attackers infiltrate systems and sustain access.

Typically, initial access brokers sell the access they gain on the dark web to other cybercriminals, but in this case, they appear to have continued the attack themselves by deploying ransomware.

“If the brokers are indeed the same actors who deployed the ransomware, this could signal a new trend, creating additional hijacking options without relying on traditional Ransomware-as-a-Service (RaaS) groups,” explains Cristian Souza, Incident Response Specialist at Kaspersky Global Emergency Response Team.

Advanced encryption algorithm. The ransomware employs ChaCha20, a modern stream cipher known for its speed and security, even outperforming Advanced Encryption Standard (AES).

Although the threat actor behind this attack has not shared any stolen data publicly or made further demands, researchers are closely monitoring it for any new activity. “We haven’t observed any new ransomware groups emerging in the underground market yet.

Typically, attackers use shadow forums or portals to leak information as a way to pressure victims into paying the ransom, which is not the case with Ymir. Given this, the question of which group is behind the ransomware remains open, and we suspect this may be a new campaign,” elaborates Souza.

Looking for a name for the new threat, Kaspersky experts considered a Saturnian moon called Ymir. It is an “irregular” moon that travels in the opposite direction of the planet’s rotation – a trait that intriguingly resembles the unconventional blend of memory management functions used in the new ransomware.

 


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Nigeria, Ghana Africa’s Digital Hubs Hardest Hit by Cyber Attacks – Report

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Nigeria, a major digital hub in Africa, has one of the highest volume of cyberattacks in West Africa, coming in at 2,721 for the first half of 2024.

Nigeria, Ghana Africa’s Digital Hubs Hardest Hit by Cyber Attacks - Report

Attacks on the computer-related services field were prevalent, as in Ghana, with 867 incidents, but local beauty salons were second on the list for Nigeria, enduring 206 incidents, followed by data processing hosting companies at 116.

“The growing complexity of distributed denial of service (DDoS) threats seen worldwide, including a notable increase in both attack frequency and sophistication, is clearly reflected in Nigeria. The country experienced more complex attacks than others within the region, with 23 different attacks vendors seen in one single attack, from TCP and CLDAP (Connection-less Lightweight Directory Access Protocol) attacks to Domain Name System (DNS) amplification and many more,” Bryan Hamman, regional director for Africa at NETSCOUT, adding that the country stood out third on the list.

Ghana, however, led the region in both the frequency and diversity of cyber threats for the first half of 2024, facing a high volume of DDoS attacks directed at industries including computer services and telecommunications.

In fact, according to NETSCOUT’s 1H2024 DDoS Threat Intelligence Report (TIR), the country was subjected to a total of 4,753 attacks over the six months, of which 2,759 were aimed at computer-related services businesses. Wireless telecommunications carriers (except satellite) received the second highest number of attacks, at 110, with full-service restaurants also noted as another vertical industry under fire. Furthermore, Ghana experienced by far the highest volume attack in West Africa, with the maximum bandwidth of its largest DDoS attack measuring 314.25 Mbps.

Known for an economic resilience that is driven by agriculture and mining, Guinea surprisingly took second spot in the NETSCOUT results for West Africa in terms of attack frequency, with 2,918 incidents listed. Wireless telecommunications carriers bore the brunt of these strikes, which were mostly TCP-type attacks.

Côte d’Ivoire and Liberia both faced similar attack frequencies, with 1,598 and 1,515 incidents noted respectively. The two countries also experienced similarities in the types of attacks vectors used – mostly TCP-related – as well as the sector that was hardest hit, which was wireless telecommunications for both.

Again, wireless telecommunications carriers were identified as the prime targets for threat actors in Benin (196 incidents), Senegal (107), Mali (32) and Cameroon (16).

“This is in line with NETSCOUT’s global Threat Intelligence Report figures, which measured attacks on the sector at 834,471 for the first part of 2024, a substantial 34 per cent increase on the figures seen for 2H 2023, which was calculated at 622,295. We believe this points to an objective by cybercriminals to disrupt critical communication infrastructure,” Hamman said.

 

 


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NITDA Invites Public Input on Guidelines for IT Projects and Regulatory Instruments

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The National Information Technology Development Agency (NITDA) is seeking public feedback on several draft documents related to Information Technology (IT) projects and regulations. This aligns with NITDA’s commitment to an open and collaborative rulemaking.

The legal Documents Open for Public Review are:

  1. Guidelines for Licensing IT Projects Clearance Compliance Assurance Firms 2024;
  2. Regulatory Guidelines for Electronic Invoicing in Nigeria;
  3. Guidelines for Software Development; and
  4. Guidelines for Software Testing.

NITDA is also proposing the amendment of the Guidelines for Clearance of IT Projects for Federal Public Institutions (FPIs). guidelines, initially issued in 2018.

The Guidelines for Licensing IT Projects Clearance Compliance Assurance Firms 2024 aims to ensure that IT projects within Federal Public Institutions (FPIs) are managed and implemented according to approved and established standards, regulations, and best practices.

The instrument will regulate and professionalise the clearance of IT projects, ensuring that FPIs IT projects and initiatives are effectively conceptualised, designed, evaluated, and compliant with relevant Federal Government extant rules and standards in line with the Federal Government’s digital infrastructure goals and the Renewed Hope Agenda.

The Regulatory Guidelines for Electronic Invoicing is designed to promote transparency and deepen the use of technology for e-government automation as well as support the fiscal development of Nigeria through prudent administration of government revenue.

The guidelines will improve tax compliance, enhance efficiency and enhance standardisation and interoperability, thereby ensuring that Nigeria is ready for international digital commerce.

The Guidelines for Software Development establishes the minimum requirements for the development of software to be used by Nigerian government entities. It ensures that all software meets quality, security, and operational standards, promotes the growth of the local software testing market, and enhances the efficiency and effectiveness of government services.

The objectives of the guideline are to ensure that software is fit-for-purpose, meeting functional and non-functional requirements, and protect government institutions from operational risks through security, reliability, and performance standards.

To Participate:

These draft documents have undergone internal review and stakeholder consultations. NITDA now invites the public to contribute their feedback by reviewing the documents available for download at: https://nitda.gov.ng/draft-regulatory-instruments/

Public participation is crucial for NITDA to develop comprehensive and effective regulatory instruments.

By considering diverse perspectives, NITDA can ensure these guidelines best serve the needs of the IT industry and promote the development of a thriving digital economy in Nigeria.

Stakeholders are advised to  send in their review to [email protected] on or before 26th November 2024.

 


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