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E-PPAN, Others Say Judiciary Strategic In Combating Financial Frauds

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Stakeholders in the Nigerian financial sector have urged the judiciary not to relent on the fight against financial and other related frauds in a bid to safeguard the economy.

Rising from the 5th e-fraud conference organized by the Electronic Payment Association of Nigeria (E-PPAN) in Lagos, the stakeholders issued a communiqué identifying the judiciary as strategic partners to stem fraud.

The communiqué signed by Mrs Onajite Regha, chief executive officer of E-PPAN read: The criminal justice process in Nigeria in relation to electronic frauds is evolving with relevant laws still being enacted and law enforcement agencies and judicial system still in the process of understanding the technicalities of the issues.

“The entire process is made up of Laws, Institutions and Processes. Participants welcomed the formation of a collaborative strategy between the judiciary, the law enforcement agencies and the financial industry. They offered the industry their full support to strengthen justice and to implement policies and procedures that ensure that all components of the process are effective. All of these measures are necessary in order to successfully combat electronic payment crimes which threaten the entire payment framework”.

The conference participants averred that electronic payment fraud is a threat not only to individuals and corporate organisations but to the entire nation. Its cost implication can be measured through its economic and social impacts.

“It affects job opportunities and reduces standard of living. It diminishes national image, affects consumers’ confidence, ruin big brands and erodes international confidence in the authenticity of our payments systems. They condemned the acts of fraudsters who gladly exploit the anonymity, global reach, speed and cost effectiveness of the electronic payment system to pursue criminal endeavours,” the Communique read.

According to the statistics provided by NIBBS, in the first 9 months of 2014, the industry had lost over Four Billion, Eight Hundred and Ten Million, Two Hundred and Sixty Two Thousand, Two Hundred and Sixty Six Naira, (N4, 810,262,266). Participants agreed to cooperate and do everything to ensure that offenders are brought to justice.

All participants accentuated the urgent need to enhance awareness creation at different levels of the criminal justice chain, which includes staff of financial institutions, the law enforcement agencies and the judiciary.

They decried the situation where the prosecutors and the judiciary are not invited to be part of knowledge event.

To that effect, the industry committed to supporting the judiciary and law enforcement agents with awareness and trainings on trends and techniques of electronic crime.

“The participants recognized the role of the judiciary as strategic partners to stem fraud. The Chief Judge of Lagos State reaffirmed the commitment of the judiciary to the fight against electronic payment crime.  She advised investigators and prosecutors to pay great attention to details and be meticulous to ensure investigations stand the scrutiny of the courts  since the courts decisions are based on evidence.

“The participants agreed that the role of the judiciary remains unchanged as the resolver of disputes, interpreter of the law and defender of the Constitution. What must change however, are the tools and resources to tackle crimes.

“Participants proposed a practice direction from the judiciary to accept opening statements in cases of electronic fraud to assist the court in understanding the gravity of offences before the court. The advantage of an opening statement is that both attorneys at the earliest opportunity are able to give a brief summary of their case and highlights the evidence they intend to lead in support or defence of the allegation.

“A well planned opening statement serves as a road map of the trial. Participants welcomed the prospect of working on an action plan to improve the knowledge of the judiciary as it relates to types, modus operandi and consequence of electronic fraud.

“The status of the current laws in Nigeria shows that the delay in the cyber crime law has its negative effect in the criminal justice process. There is need for accelerated passage of comprehensive laws on payment system e.g. the Payment System Management Bill and other relevant laws that can support the structure of the payment systems”.

The passage of the Evidence Act of 2011 has improved the opportunities for prosecution of criminals.

However, the deficiency of expertise in digital forensics within the banking sector impairs adequate evidence to prosecute fraudsters that are apprehended and charged to court.

Participants therefore called for an industry wide forensics laboratory and capacity building of experts in digital forensics.

Reiterating their support for E-PPAN, the Economic and Financial Crime Commission (EFCC) requested further cooperation of the financial institutions, ISPs, and telecommunication companies for crime investigators and prosecutors.

They lamented the current information sharing process within the industry.

The participants agreed that all parties involved in the e-Payment ecosystem should carryout due diligence and detailed background checks on employees before employment.

The Electronic Payment Providers Association of Nigeria (E-PPAN) hosted the 5th Annual Payment Systems and Fraud Conference on the 4th of November, 2014 with the theme: “Unbundling the Criminal Justice Process in a Digital Economy”.

Delegations came from thirty four companies to strategize on collaborative opportunities on achieving a smooth and speedy prosecution of financial crimes.

The communiqué acknowledges the push on the critical need for education and awareness within the criminal justice process and the crucial role of collaboration amongst stakeholders in ensuring the success of crime reduction within the cyber space.

The conference participants (Abbey Mortgage Bank, Altech West Africa, Central Bank of Nigeria, Computer Warehouse Group, Economic and Financial Crime Commission, Digital Encode, Eartholeum Networks, E-Payment Providers Association of Nigeria, Enterprise Bank Plc, First City Monument Bank, ITEX Integrated Services, Lagos State Judiciary and Mainstreet Bank Plc.

Others are Money4 Nigeria Services Ltd, Nigeria Inter Bank Settlement Systems, P O. Jimoh- Lasisi and Associates, Socketworks Ltd, Standard Chartered Bank, United Bank for Africa, Unified Payments Services, and VoguePay ) expressed their commitment to the development of a formidable electronic crime justice process.


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E-Financial

Banks to Charge 0.375 Percent Stamp Duty on Loans

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Nigerian banks on Thursday announced that they will kick-start the implementation of the stamp duty charge of 0.375 per cent on loans backed by legal mortgages, shares, debentures or bonds.

Banks to Charge 0.375 Percent Stamp Duty on Loans

This is coming after the Federal Inland Revenue Service (FIRS) had directed banks to implement stamp duty on certain transactions that requires duty payments such as contracts and legal mortgages.

According to the FIRS, as the manner of business transactions continue to evolve and change pattern, the law on stamp duties will also change. It noted that the stamp duties has therefore undergone several amendments over the years up to the Finance Act 2019.

Stamp duty is essentially a duty chargeable on both physical and electronic instruments. The stamp duties Act defines duty to mean “any stamp duty for the time being chargeable under any act and also includes any fee chargeable hereunder”.

In several email notifications sent to its customers, banks revealed that they will start implementing the FIRS directive while adding that the charge will be applied to the value of the assets and remitted back to the revenue office.

Access Bank in an email notification titled to its customers, “Stamp Duty Automation Update”, said, “We will like to inform you that the Federal Inland Revenue Service (FIRS) has directed all Nigerian banks to implement stamp duty on certain transactions that require duty payments such as contracts and legal mortgages”.

The bank noted that in compliance to this directive, it have taken measures to streamline the process to make transactions more convenient for its customers.

“To this end, a stamp duty charge of 0.375 per cent will be applied to loans backed by legal mortgages, shares, debentures or bonds. The charge will be applied on the value of legal mortgages, shares, debentures or bonds and remitted to the FIRS”, the bank said.

Access Bank added that all previously approved loans will remain unchanged and should be repaid in full as per the agreed terms and conditions.

“We are committed to providing you with exceptional service”, it said.

It will be recalled that the Federal Government stated it is looking to expand net on transactions covered by the stamp duty charges from regular bank transfers.

 

 


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Afreximbank Urges African Countries to Strengthen Reserves with Gold

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A report by African Export-Import Bank (Afreximbank) has stated that the current “high gold prices offer African countries an opportunity to strengthen their reserve portfolios with a safer asset like gold”.

The report also advised African countries that relied on gold to take advantage of the increasing prices of the commodity in the medium term by investing in their gold sector and improving their value chain in the long-term.

The report forecasted that gold prices could remain high for a long time due to reduction in interest rates by many central banks.

The report, titled, “The Ongoing Gold Price Rally: Macroeconomic Implications for African Producers,” said, “The gold sector is macro-critical in several African countries.”

It added that the African continent produced approximately one-quarter of the world’s gold and generated substantial foreign exchange earnings and fiscal receipts from it, while creating employment opportunities in producing countries.

The report stated that in the medium term, the gold rally was an opportunity for long-term infrastructure and social investments to diversify the production base. It urged governments to implement soft and hard measures to tame the activities of illegal miners.

The report added, “Recently, its value has surged and reached an all-time high. The rally began in mid-February of 2024.

“As of April 12, 2024, the spot price was $2,401.5 per ounce, a 21 per cent increase since mid-February 2024. Considering a longer timeframe, since October 2023, the value of the precious metal has risen by 32 per cent. Future prices are projected to be consistently upward, with 68 months of future pricing quoted at $ 2,776 per ounce.

“The current price rally is attributed to several factors, including the anticipation of monetary easing by major central banks, robust demand from central banks in emerging economies, and ongoing geopolitical instability in the Middle East and Ukraine.”

The report added, “African continent produces about one-quarter of the world’s gold production. According to data from the World Gold Council, African countries produced a total of 979.2 metric tons of gold in 2022.

“Ghana, South Africa, Sudan, Mali, Burkina Faso, the DRC, Tanzania, Zimbabwe, Togo, and Côte d’Ivoire are the top 10 producers, which collectively account for 90 per cent of the continent’s production. In 2022, the top 10 producers received $66 billion in gold export receipts.

“These top 10 producers also account for 14.6 per cent of the continental GDP. Any change in the price of gold can have significant macroeconomic implications and trade dynamics for these gold dependent countries and the African continent.”

The said as of December 2020, the World Gold Council reported that central banks held roughly 35,000 tons of gold, amounting to approximately 18 per cent of all the gold in the world.

According to the same source, African central banks held about three per cent of global central bank gold reserves. It said African central banks could exploit the high prices and shore up their reserve holdings by storing the produce reserves or buying on the markets.

It stated that as of 2023, North African countries held the most gold as a reserve asset, with approximately 446 tons, with Algeria holding 174 tons, Egypt holding 126 tons, Libya holding 117 tons, Morocco holding 22 tons, and Tunisia holding seven tons. Elsewhere on the continent, South Africa held 125 tons, Nigeria held 21.4 tons, Mauritius h12.4 tons, Ghana 8.7 tons, and Mozambique held four tons.

The report said, “It is important to note that gold plays a significant role in the exports and GDP of several African economies. Therefore, its price volatility has significant macroeconomic implications.

“In the near term, the recent rally in gold prices is expected to benefit countries whose economies are heavily dependent on the precious metal. However, caution should be exercised to avoid macroeconomic instability, which could arise from the fluctuation of gold prices with its attendant effects.

“While windfall export receipts resulting from increased gold revenue will improve fiscal accounts, it is key to manage them carefully to avoid any extra spending that could destabilise the macroeconomic environment. The growth effect has remained subdued, and more effort may be needed to boost economic growth.”

According to the report, gold is a precious metal that symbolises stability and acts as a secure investment during economic turmoil.

It is an asset that maintained its value over the long term and is frequently utilised as a store of wealth, the report stated.

The report said while inflation eroded the real value of wealth, gold had usually maintained or even increased its value over time. Gold had proven to be a stable or even an appreciating asset during high inflation, making it a valuable secure investment.


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NDIC Increases Deposits Coverage Levels for Financial Institutions

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The Nigeria Deposit Insurance Corporation (NDIC) Thursday announced increase in the maximum deposit insurance coverage levels for all licensed deposit-taking financial institutions with immediate effect.

Mr. Bello Hassan, Managing Director/Chief Executive, NDIC, disclosed this at a media briefing in Abuja.

He said the maximum deposit insurance coverage for Deposit Money Banks (DMBs) had been increased from N500,000 to N5 million, to provide full coverage of 98.98 per cent of total depositors compared to the current 89.20 per cent.

In terms of the value of deposit covered, he said the revised coverage would increase the value of deposits covered by deposit insurance to 25.37 per cent compared to the current 6.31 per cent of total value of deposits.

Under the new regime, the maximum deposit coverage for Microfinance Banks (MFBs) was raised from N200,000 to N2 million to offer full coverage of 99.27 per cent of depositors compared to 98.76 per cent currently.

Hassan said this would increase the value of deposits covered by deposit insurance to 34.43 per cent compared to14.38 per cent of total value of deposit currently covered.

Furthermore, maximum deposit coverage for Primary Mortgage Banks (PMBs) was also increased from N500,000 to N2 million to provide full coverage of 99.34 per cent of depositors compared with the current 97.98 per cent.

He said this would increase the value of deposits covered by deposit insurance to 21.04 per cent compared to 10.77 per cent currently applicable.

The adjustments also involved an increase from N500,000 to N2 million for Payment Service Banks (PSBs) to offer full coverage of 99.99 per cent of depositors, to increase the value of deposits covered to 43.10 per cent from 40.60 per cent.

In addition, the maximum Pass-through deposit insurance coverage for Mobile Money Operators (MMOs) was increased from N500,000 to N5 million per subscriber per MMO as the applicable coverage level for depositors of DMBs.

The NDIC boss said the revised deposit coverage had balanced the corporation’s goals of deposit protection and financial system stability with incentives for depositors to practice market discipline and prevent banks from unnecessary risk-taking and moral hazard.

He said consideration was given to ensure that the coverage was limited but adequate enough to protect a large number of depositors and credible enough to prevent the destabilising effect of bank runs.

According to him, the adoption of the revised maximum coverage was supported by the corporation’s current funding, represented by the balances in the various Deposit Insurance Funds (DIFs), expected annual premium collection, enhanced supervision that would reduce the likelihood of bank failures, effective bank resolution frameworks and other funding arrangements provided by the NDIC Act No. 33 of 2023.

He said, “I will like to reaffirm the NDIC’s unwavering commitment to protecting depositors and contributing to the stability of the financial system.

“These adjustments to the maximum deposit insurance coverage reflect our dedication to adapt and evolve in response to the changing landscape of the financial industry, and we remain steadfast in our pursuit of a secure and resilient banking environment for all.”


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