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Court Orders CBN to Pay Kasmal N579Bn for Role in Stamp Duty

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Justice Inyang Ekwo of the Federal High Court in Abuja has ordered the Central Bank of Nigeria (CBN) to pay Kasmal International Services N579,130,698,440 with 10 per cent interest per annum for its role in stamp duty collection.

Court Orders CBN to Pay Kasmal N579Bn for Role in Stamp Duty

The interest will apply from January 1, 2015, to January 31, 2020.

Kasmal, through Alex Izinyon, their lawyer filed the suit against the CBN and the Attorney General of the Federation, arguing that the Nigerian Postal Service had appointed them to collect a N50 fee on all receipts issued by banks or financial institutions for services related to electronic transfers and teller deposits of N1,000 and above.

This appointment was in line with the Stamp Duties Act and the Nigerian Financial Regulations of 2009.

The lawyer added that the terms of the agreement between NIPOST and the plaintiff included the remuneration of N7.50 from every N50 deduction of which his client’s percentage has not been fully paid as agreed.

The court document read, “The plaintiff has become aware through public disclosures by the Governor of the CBN that after the initial payment of N10.367 billion to the plaintiff, which did not reflect the total value of all accrued deposits that ought to have been paid into the 1st Defendant NIPOST Stamp Duty Collection Account No. 3000047517 from January 1, 2015, to January 31, 2020, further remittances were made from the DMBs’ NIPOST STAMP DUTIES ACCOUNTS to the 1st Defendant NIPOST Stamp Duty Collection Account No. 3000047517 in the tune of over N370.7 billion, which were amounts that accrued within the period from January 1, 2015, to January 31, 2020.

“Currently, a total of N3.8 trillion stands in the Stamp Duty Collection Account, ready for distribution among the Federal Government, State Governments, Local Governments, the Federal Inland Revenue Service (FIRS), Coordinating Consultants, and other bodies.

“That the plaintiff’s 15%, amounting to N579,130,698,440, is part of the N3.8 trillion in the Stamp Duty Collection Account.

“The defendants/respondents have started taking steps to disburse and transfer the whole of the N3.8 trillion in the Stamp Duty Collection Account without consideration of the outstanding payments due to the plaintiff.”

The plaintiff prayed by the Court to issue “an order directing the 1st and 2nd Defendants to pay the plaintiff the sum of N579,130,698,440 or any other sum as may be adjudged by this Court upon the production of the records relating to the collection of stamp duty between January 1, 2015, and January 31, 2020, representing 15% of all accrued deposits paid into or which ought to have been paid into the CBN NIPOST Stamp Duty Collection Account No. 3000047517 by all Deposit Money Banks.

“An order directing the 1st (CBN) and 2nd Defendants to pay the plaintiff an interest payment of 10% per annum on the sum of N579,130,698,440 or any other sum as may be adjudged by this Court upon the production of the records relating to the collection of stamp duty between January 1, 2015, and January 31, 2020, representing 15% of all accrued deposits paid into or which ought to have been paid into the CBN NIPOST Stamp Duty Collection Account No. 3000047517 by all Deposit Money Banks (DMBs).”

The lawyer earlier asked the court to restrain the 1st and 2nd Defendants, either by themselves, agents, privies, assigns, or whatsoever called, from disbursing, distributing, transferring, depleting, or doing anything whatsoever with all accrued deposits paid into or which ought to have been paid into the CBN NIPOST Stamp Duty Collection Account by all DMBs pending the hearing and determination of the case.

In their preliminary objection to the suit marked FHC/ABJ/CS/335/2024, the Attorney General of the Federation and the Apex bank through Chief Adeniyi Akintola (SAN), their counsel, told the court that the agency contract the plaintiff allegedly had with NIPOST is illegal.

Akintola argued that only the Federal, State, and Local Governments are entitled to share the revenue in the Federation Account.

He said the purported appointment of the plaintiff by NIPOST was void from the onset because stamp duty charges on bank transfers and deposits are a tax that is exclusively administered by the Federal Government through the Federal Inland Revenue Service.

He contended that NIPOST is not the revenue collection agency for stamp duties and hence has no authority to appoint the plaintiff to represent it as a collection agent for the Federal Government.

Furthermore, he stated that NIPOST lacks the powers to appoint the plaintiff as a revenue-generating collector concerning stamp duty, thus rendering the legitimacy of the underlying contract faulty.

He referred the court to a subsisting judgment which did not bind the CBN to any contract deals between NIPOST and the plaintiff.

He also urged the court to dismiss the case, criticising the plaintiff for not joining NIPOST as a defendant in the matter.

The lawyer urged the court to hold that it is the responsibility of the Accountant General of the Federation to disburse, distribute, allocate, or transfer all such accrued revenues in the Federation Account.

He said, “The non-joinder of NIPOST, which purportedly appointed the plaintiff as a collection agent, robs the Honorable Court of the requisite jurisdiction to entertain the claims as presently constituted;

“The purported agency contract between NIPOST and the plaintiff, which is the basis for the plaintiff’s authority, is not placed before the court; hence the court cannot give effect to the said agency contract merely because it was mentioned in passing in paragraph 5(e) of the plaintiff’s affidavit in support of the originating summons.”

“The revenue being challenged belongs to the entire Federation, the collection and remittance of which goes to the Federation Account, and any amount standing to the credit of the Federation Account can only be distributed among the Federal, State, and Local Government Councils in each State. The court lacks jurisdiction to entertain this suit in relation to sharing the said money in the Federation Account.”

“The Stamp Duties Act makes no provision for the delegation of the collection of stamp duties by any other body other than NIPOST under the NIPOST Act, and subsequently, the said stamp duties relate only.”

Justice Ekwo while delivering judgment in the suit, held that the submission of the CBN and AGF that NIPOST lacks the statutory power to collect stamp duties and that the agency agreement entered into with the plaintiff does not hold water.

The judge noted that a previous judgment concerning stamp duty that favoured the plaintiff is still subsisting and has not been overturned by a higher court.

Ekwo held that the submission of the CBN and the AGF that the reliefs sought by the plaintiff in the suit cannot be granted, as all revenues accruing to the Federation, including the stamp duties, the subject of this matter, are remitted into the Federation Account, which can only be distributed among the tiers of government as provided in the Constitution, is incorrect.

He held that the CBN had paid the plaintiff the sum of N10.3 billion, representing 15% of remitted stamp duty by all Deposit Money Banks between January 1, 2015, and January 31, 2020, from the CBN NIPOST Stamp Duty Collection Account No. 3000047517.

“I find at the end that the CBN and AGF have not effectively controverted the case of the plaintiff, and the plaintiff, having made a credible case, ought to succeed on the merit, and I so hold.

“It is my opinion that this case is predicated on the fact that the 1st and 2nd Defendants have had transactions with the plaintiff before by paying the plaintiff the sum of N10.3 billion, being 15% of remitted stamp duty,” he said.

Justice Ekwo proceeded to grant the reliefs of the plaintiff, while he ordered the Apex bank to pay over N579bn with associated interest within the stipulated period.

 

 

 


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E-Financial

EFCC Warns Fintech Firms over Rising Fraud, Ransom Payments

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Mr. Ola Olukoyede, chairman, Economic and Financial Crimes Commission (EFCC), has called on financial technology companies in Nigeria to strengthen their systems and safeguard their platforms against exploitation by fraudsters and other criminal actors.

EFCC Warns Fintech Firms over Rising Fraud, Ransom Payments

Olukoyede made the call yesterday in Abuja during an industry engagement meeting with chief executive officers of fintech companies held at the EFCC headquarters.

He commended the fintech sector for driving financial inclusion and innovation in the country, noting that their platforms have expanded access to financial services.

However, he warned that the same digital space has increasingly been exploited by fraudsters.

According to him, continuous engagement between the EFCC and fintech operators is necessary to identify vulnerabilities and block loopholes being used for financial crimes.

“The opportunities you have created have also given criminals the opportunity to perpetrate crimes,” he said, adding that regular collaboration would help strengthen regulatory safeguards and protect legitimate business operations.

Olukoyede urged fintech operators to protect the integrity of their businesses, stressing that reputation remains a critical asset in the financial sector.

He warned that a single compromised transaction could damage years of trust-building.

He also advocated stronger intelligence sharing and cooperation between both parties, noting that such collaboration would enhance the EFCC’s mandate in tackling financial crimes.

On security concerns, the EFCC chairman raised alarm over the use of fintech and POS channels for ransom payments linked to terrorism financing.

He called for stricter compliance with Know Your Customer (KYC) requirements and improved monitoring of suspicious transactions.

“We have seen that criminals exploit your space, especially in areas involving ransom payments,” he said, urging the industry to work with regulators to close existing loopholes.

The meeting also featured discussions on regulatory and operational challenges in the fintech sector, with both sides exploring measures aimed at strengthening compliance and reducing fraud risks.


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E-Financial

New CBN’s BVN Rules Starts Today

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Central Bank of Nigeria (CBN) will from today start enforcing the new Bank Verification Number (BVN) regulations, in a major move aimed at tightening banking security and reducing rising cases of fraud across the financial system.

New CBN’s BVN Rules Starts Today

Key changes include restricting phone number changes to once in a lifetime, limiting banking apps to one device, and capping transactions on new devices to \(\text{₦}20,000\) for the first 24 hours.

Bank customers need to know these:

One of the major highlights of the policy is the restriction on updating BVN-linked phone numbers.

Customers will now be allowed to change the phone number attached to their BVN only once in their lifetime.

Fraudsters often take over accounts by changing phone numbers through SIM swap tricks. Limiting changes helps reduce that risk.

Make sure the BVN number you use is one you plan to keep for a long time. If you ever need to change it, do so carefully because you won’t get another chance.

Your account can be temporarily restricted for checks

Banks are now authorised to place suspicious BVNs on a 24-hour watchlist.

During this period, affected accounts may be temporarily restricted while investigations and identity verification are carried out.

If your bank notices unusual activity, your account may be flagged.

Transactions could be delayed or restricted while the bank confirms that you are the one making them.

BVN registration is now strictly for adults

Another key update is the introduction of an age restriction.

Only individuals aged 18 and above can independently register for a BVN.

Minors will no longer be able to obtain standalone BVNs, except through structured, guardian-linked arrangements approved by financial institutions.

You can only use your banking app on one device

The apex bank has also introduced a one-device-per-app rule.

This means customers can only use their banking app on one device at a time.

Logging in on a new phone will automatically log out the previous device.

If you switch to a new device, your transactions will be limited to ₦20,000 for the first 24 hours.

The policy is designed to reduce unauthorised access and improve identity verification, making it harder for fraudsters to operate using cloned devices or stolen login details.

BVN services are now limited to authorised channels

Access to BVN-related services is now more controlled.

Only CBN-approved banks and financial institutions can handle BVN updates or issues.

Avoid using third-party apps or unofficial agents. Always go through your bank for any BVN-related request.

 


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E-Financial

Fidelity Bank “Basking in Approval” under Onyeali-Ikpe, CEO

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Fidelity Bank Plc is basking in endless and stakeholders are happy.

Fidelity Bank "Basking in Approval" under Onyeali-Ikpe, CEO

Dr. Nneka Onyeali-Ikpe, managing director and chief executive officer, Fidelity Bank Plc

With nearly 10 million customers, Fidelity Bank is demonstrating excellent market traction.

This a crucial evidence for investors that the bank is solution driven.

For instance, at the capital market, the bank was the toast of investors as  its market value surged amid bargain hunting on the Nigerian Exchange, with investors gaining more than 11 percent after few days of tradings last week only.

Fidelity Bank’s share price increased to N22.30 at the close of the market last Friday, as 11.227 million units valued at N251.523 million.

Investors are simply reacting positively to strong earnings, technology-driven growth, and strategic expansions.

Fidelity Bank, emerged a more robust financial institution after the Central Bank of Nigeria (CBN) and  the Securities and Exchange Commission (SEC) ordered massive banking recapitalization exercise.

Dr. Nneka Onyeali-Ikpe, managing director and chief executive officer, Fidelity Bank Plc, is being credited for driving these exceptional shareholder value, operational performance, and sustainable growth.

Despite the immense responsibility and intense pressure, especially during turbulent times,  Onyeali-Ikpe, has been strutting her stuff by strategic vision and exemplary leadership.

Onyeali-Ikpe has built Fidelity Bank as beacon in the banking industry underpinning the bank with trust, innovative technology, strategic growth, and strong leadership as well as  reputation.

She has broken every glass ceilings delivering milestones and solid imprints in the annals of banking.

The bank only recently completed CBN-verified share allotment, hitting N532 billion capital.

This heavy chest now guarantees the bank long-term stability, and enabling it operate with speed.

Since appointment on January 1, 2021, Onyeali-Ikpe, has-anchored the bank on bespoke digital, financial, and technology-driven tools designed to enhance customer experience.

By integrating AI, automation, and advanced data analytics, Fidelity Bank is today delivering solution banking.

Under Onyeali-Ikpe’s leadership, the bank has significantly improved brand equity.

Fidelity Bank also announced the completion of the acquisition of a 100 per cent stake in Union Bank UK, under the CEO.

A recent Brand Finance report ranked Fidelity Bank as the fastest-growing Nigerian brand, with its brand value more than tripling.

Onyeali-Ikpe was also named among the 2024 Most Influential Global Top 100 Export and International Trade Leaders, recognizing her contribution to expanding Nigeria’s trade and export financing capabilities.

Under her, Fidelity Bank has received multiple awards, including Export Finance Bank of the Year (2023 BAFI Awards), Best Payment Solution Provider Nigeria 2023, and Best SME Bank Nigeria 2022 (Global Banking and Finance Awards).

The bank was also recognized by Euromoney for Best Bank for SMEs (2023) and Best Domestic Private Bank in Nigeria (2023).

Onyeali-Ikpe will be leaving as head of the bank this year but her record of placing the institution  upward trajectory will be indelible.

She may be leaving “big shoes to fill” because of her high-energy, infectious positivity which made her successful in everything she does.

 

 

 

 


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