Resolving The SIBAN Crisis

By Barr. Mela Claude Ake

In my opinion, the SIBAN kerfuffle is as political as it is legal. We cannot divorce the two — but the legal aspect is far weightier.

Barr. Mela Claude Ake

On the political side is a power-grab. A small group of individuals who think they should be the lords and masters of Nigeria’s crypto space are fighting for control. They want control of SIBAN and they want control of the SIBAN presidency. Essentially a shadow administration that runs the show from behind the scenes. For this to happen, the president has to be a puppet. What they fail to understand is that being a pioneer of a vision doesn’t necessarily mean that you must control it in perpetuity. Succession-planning is a vital part of corporate governance. Across the world, several major organizations abound, whether they be companies, political parties, associations and even nations where the founders of these visions are alive but do not call the shots anymore and quite frankly, that’s okay.

Coming to the issue of registering SIBAN with the Corporate Affairs Commission, the detractors are doing themselves a huge disservice. It’s both ridiculous and risky that an unincorporated body was carrying on and presenting itself as it did. I mean think about it; how do you hold high-level meetings and organise national industry conversations involving the SEC, NITDA etcetera as an unregistered body? Legally speaking, the implications are better imagined.

How does a group present itself as the foremost industry association for the blockchain sector in Nigeria and by extension Africa but is not registered with the Corporate Affairs Commission? Whose bank account were the dues being paid to? How do you woo foreign investors? How? Do you show them your WhatsApp group? Because that’s essentially what SIBAN was reduced to. A mere Whatsapp group. Can you imagine the Nigeria Bar Association not being registered with the CAC? The excuse about organizations with words such as “Blockchain” or “Crypto” not being accepted for registration by the CAC is weak because there are records of such organizations having been allowed to be registered by the CAC even as far back as 2018. The records are out there.

Now that the detractors are wailing, kicking and screaming can they prove by law that SIBAN has not been properly incorporated by this board of trustees? Can they prove that this incorporation exercise did not satisfy the extant corporate laws and regulations of the Federal Republic of Nigeria? If they have a good case, they should go to court and remember to sue the Corporate Affairs Commission as well. However if they know they cannot prove it, then they should be quiet because what they are doing is simply inviting more trouble than necessary with all this brouhaha. People in glass houses shouldn’t throw stones.

It should be on record that I was invited by the president to join this board and when he extended the invitation, I was shocked, to say the least, to find out that SIBAN was yet unincorporated. I was invited because he believes I will bring some value to the association and I will.

As a lawyer and a compliance and consumer rights advocate I am personally concerned about the several sharp practices that have been happening in the blockchain sector, that have caused unwitting investors to lose millions and in turn making the entire sector appear less trustworthy. My mission as a member of the SIBAN Board of Trustees is to help us tighten the loose ends and remove the permissive environment that has hitherto allowed sleazy fellows and shady schemes to thrive unchecked. Personally, I believe that if any crypto practitioner wilfully puts investor funds or public funds at risk, the practitioner shouldn’t only be banned for life, they should be locked up.

SIBAN has what it takes to accelerate prosperity through blockchain and I think Obinna Iwuno and this BOT as currently constituted have the requisite skills, passion and grit to make that happen.

– Barr. Mela Claude Ake. Member, SIBAN Board Of Trustees