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Firms Slam N7Bn Suit on FCMB over Alleged Breach of Contract

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Sunlek Investment Limited and Sunsteel Industries Limited, two limited liability companies, have slammed a N7billion suit on First City Monument Bank (FCMB) Plc over alleged breach of contract.

Firms Slam N7Bn Suit on FCMB over Alleged Breach of Contract

In a 126 -paragraph of statement of claim accompanied by 27 paragraphs of a witness’ sworn oath and filed before a Federal high court sitting in Lagos south west Nigeria by Mr. John Olusegun Odubela SAN, Lagos lawyer, the two companies alleged that they operated loan accounts with First City Monument Bank. It was from there disbursement was made for all letters of credit /loan facility granted to  them by the bank for the importation of raw materials.

However since 23rd May, 2013 when the bank entered into an agreement to grant them loan, and open a loan facility account for them till date, they have not been given the particulars of the loan facility account neither has any statement of account of this loan account been made available to them.

The companies alleged further that by a commitment letter dated 23rd May,2013 and the term sheet for facility duly signed /executed by the two parties, FCMB committed and undertook to fund on fully-underwriten basis the debt finance (importation of goods) of $1.5 million and N422.5 million.

Thereafter other loans facilities were granted to the companies by the bank.

The total amount of the letters of credit opened by the bank in favour of the companies is $8 million out of which sum the companies contributed 10% based on the terms of the grant of the various offers for facility utilized to open letters of credit from 22nd, March 2013 to September, 2017. The loans facilities were well secured.

The companies contended that from the available records available to  them,it was  reflected that they have fully repaid their indebtedness to the Bank

However the companies were bewildered when they received the bank’s  letter that their indebtedness  to the bank as at 14th of March,2019 was in the sum of N1.1 billion that the debt should be liquidated within 14 days, despite the fact that they had fully repaid the loan they took from the bank.

Consequently, they engaged the services of an accounting firm to audit their account, the plaintiff by their letter and their solicitor’s letter requested for statements of accounts of the loan accounts from the bank, but the bank deliberately failed to make available the said statement of account.

However from the forensic analysis of their accounts, the plaintiffs contended that they are not in any way indebted to the bank.

From the forensic audit report it was discovered that there were two transactions carried out on letter of credit, wherein substantial volume of the product were damaged. The value of items purchased by the letters of credit was in the sum of $2million for the importation of cold rolled steel strips, galvanized steel strips and Zinc wire from Chemetals (HK) limited Unit 1105H/F Lippo Center 89,Queens Way Hong Kong.

FCMB is solely and unilaterally liable to undertake all the risk Insurance policy Clause A for the consignment/raw material to be imported by virtue of the letter of credit.

The bank solely negotiated insurance policy obtained for the products purchased and appointed Mansard Insurance Plc to provide insurance cover Clause C for the importation of the consignment.

Upon taking delivery of the consignment after payment of custom duties and port charges, it was discovered that large volumes of the said consignments were in various forms of damaged conditions.

The companies informed the bank about the  damaged consignment and the need to pursue insurance claim for the damage, the bank requested for documents which were presented to them to pursue the claim.

However, the agent of the bank sent a report to the companies to inform them that from the nature of damages to some of the products, the insurance policy, being a Clause C policy as undertaken by the bank is not sufficient to cover the nature of loss from the said damages to the products.

The total value of the consignment damaged is in the sum of $628,386.23 and N336.1 million.

The bank ought to have undertaken an all risk insurance policy cover with the insurance company. As a result of the damages to the consignment, they were not fit for use and could not be refined in  the plaintiffs machine and remained in the factory as junk or waste material.

The companies averred that they had suffered financial loss as a result of the breach of contract in the sum of N884.9 million which has negatively  affected their business operation since 2014 till date.

They averred that they are entitled to claim damages for breach of contract against the bank that had by its various acts of breaches of the various letters of offer for facility caused great loss to their business.

Consequently the companies’ claim against FCMB jointly and severally are as follows :

General damages in the sum of N5billion.

A declaration that the plaintiffs are not indebted to the bank in any sum premised on the fact that they  had settled all their indebtedness on the facilities granted to them by the bank.

A declaration that the bank breached the terms of letter of credit  and is liable for the loss of the letters of offer on importation, in the sum of $2million.

A declaration that the bank is liable to refund to the plaintiffs N884.9 million,being the losses uncured on the damaged consignment purchased through letters of credits,and failure and refusal of the bank to obtain an all risk insurance policy for the shipment of the said consignment.

An order for the payment of N826.9 million being the total sum wrongly debited on the companies’ account by the bank.

An order of the court restraining FCMB from appointing and or registering any instrument of appointment of an official receiver or any instrument whatsoever made for the purpose of enforcing the security for the payment of alleged indebtedness in the sum of N1.1 billion being allegedly claimed against the plaintiffs by the bank .

Cost of litigation assessed at N250million.

 

 


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E-Financial

Agama,  New SEC Boss Goes Tough on Illegal Trading

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Securities and Exchange Commission (SEC) has said that it will go all out to act decisively to uphold the integrity of the capital market and protect the interests of all investors.

Agama,  New SEC Boss Goes Tough on Illegal Trading

This is in a bid to rid the capital market space of illegal trading activities.

This was stated by Dr Emomotimi Agama, acting director general of the SEC, during a virtual meeting with the Blockchain Industry Coordinating Committee of Nigeria (BICCoN), the umbrella body of all major blockchain and cryptocurrency Associations in Nigeria.

Agama stated that the SEC Nigeria will not hesitate to utilize all the powers within its mandate to handle issues that are negative and pose a threat to national interest saying that the Commission has come as a partner to seek collaboration in making sure that the capital market community is respected globally for decency and fair play.

The SEC boss said the recent concerns regarding crypto P2P traders and their perceived impact on the exchange rate of the Naira has underscored the need for collective action and dialogue within the financial market ecosystem.

He said “There are basic practices as enshrined in the Investments and Securities Act 2007 and we expect that everyone will abide by those rules. Some may say no rules to play by, but do not forget that we have the Investments and Securities Act 2007 that some actions by participants today may be violating, hence the law is the law irrespective of the technology used.

 

“However, for specific Digital Asset regulatory regime that many have been calling for, we want to assure you that we are working tirelessly to establish an accommodating regulatory guideline for digital assets. The SEC as your regulator is desirous to work with you by providing a level of assurance that is needed by all that are operating within the rules of the market”.

The DG stated that the proposed regulatory guidelines which are currently being fine-tuned with suggestions by various stakeholders, will encompass various activities within the cryptocurrency ecosystem ranging from Wallet providers, digital asset custodians and fund managers, Cryptocurrency Crowdfunding, Initial Coin Offerings (ICOs), Security Token Offerings (STOs), Initial Exchange Offerings (IEOs), Cryptocurrency Exchange platform providers, Virtual Asset brokerage services etc., ensuring that every Nigerian playing within the industry with the potential to contribute to economic progress is included, supported and properly regulated.

“I am poised for an innovative digital asset regulatory regime that will sustain Nigeria as Africa’s Digital Asset Powerhouse with diverse solutions like Real World Asset Tokenization (RWA) that will drive wealth and catalyse our capital market. We must explore innovative solutions to this problem and strike the right balance between encouraging innovation and safeguarding our national economic interests. This we will do in afriendly and firm manner, to enable us to achieve the desired result”.

“We have a great market ahead of us and we have the talents and the people to make the market great.  Mr President is concerned about the teeming youths involved in this space and would encourage them to do the right thing and develop an ecosystem that we all will be proud of. It becomes necessary that we do what is right. Manipulations and all forms of activities that undermine our national interest would not be acceptable. It is therefore very important that we know that the SEC by Section 13 of the ISA speaks to the regulation of all capital market activities.”

Agama expressed his gratitude to the leadership of the Blockchain Industry Coordinating Committee of Nigeria (Biccon) the umbrella body of all major blockchain and cryptocurrency Associations in Nigeria, and assured them of the commission’s readiness to work closely with all stakeholders in the cryptocurrency ecosystem to create a better country for all of us.

“With our deep understanding of this industry and the cryptocurrency sub-sector, we recognize the importance of collaboration and cooperation in addressing the challenges we face; hence your insights and suggestions are invaluable as we seek to navigate these complexities together. We need your support as much as you need ours.

“On that note, I want to emphasize that we are working on different fronts to sustain decent practices within our market, however, we are here to meet ourselves to know those playing within the sector decently and are open to hearing your suggestions on how we can effectively manage all obscure cryptocurrency trading activities within our jurisdiction p2p inclusive irrespective of the challenge we all know that p2p trading posses.

We must explore innovative solutions to this problem and strike the right balance between encouraging innovation and safeguarding our national economic interests. This we will do in a friendly and firm manner, to enable us to achieve the desired result.

Agama stated that one of the things that need to be done is delisting the naira from the P2P space to avoid the level of manipulation that is currently happening enjoining participants in the crypto space to be patriotic enough to name and shame those that are involved in disrupting the markets negatively.

“I want to seek your co-operation in dealing with this as we roll out in the coming days the regulations that would take control of these areas. We want to ensure that this management will ensure that people or institutions that require registration with the SEC are quickly licenced. We assure you that we will give guidance when necessary and do well to streamline the processes to make it less difficult.

“We ask that those involved in sharp practices that undermine national interest should cease. It is in our interest as a people to protect what belongs to us. We encourage you to reach out to us by naming and shaming the bad actors. Together, I am confident that we can weed out bad actors and harness the immense potential of this progressive technology for the benefit of all Nigerians in tandem with this government’s renewed hope agenda” he added.

In his remarks, Dr Babatunde Oghenobruche Obrimah, chairman of the Fintech Association of Nigeria  commended the director general for his bold steps and the relationship with the ecosystem and pledged their commitment to work with the DG  and granted him all the support that will help him succeed in sanitizing the virtual ecosystem.

On their part, BICCoN requested the setting up of a working group to tackle the various challenges facing the crypto space in a bid to move the market forward.

 

 

 

 

 

 


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CBN Invites Bidders to Upgrade ICT Facilities

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Central Bank of Nigeria (CBN) is planning to upgrade its information and communication technology (ICT) facilities at the Dealing Room in Abuja.

CBN Invites Bidders to Upgrade ICT Facilities

This announcement was made through a statement titled “Request for Proposal for the Upgrade of the ICT Facilities at the Central Bank of Nigeria Dealing Room, Abuja,” posted on its website on Friday.

A dealing room is a place where shares, currencies, or commodities are bought and sold.

The Dealing Room plays a critical role in managing the nation’s foreign exchange and government securities, this upgrade is crucial for the stability and security of the financial system.

Part of its statement read, “To enable both departments to carry out their responsibilities efficiently and effectively, the bank established a world-class dealing room at the headquarters and equipped it with ICT facilities in 2015. The ICT facilities have, however, attained end-of-life or end-of-support status and have resulted in suboptimal performance.’’

It stated that interested contractors must submit bids by June 14, 2024. Requirements include evidence of similar project experience and a minimum turnover of N500m in the last three years.

According to CBN, proposals from a single vendor or multiple vendors working together as a team will both be considered.

The Central Bank stated that it reserves the right to reject bids that do not meet requirements and to terminate the procurement process at any time, without incurring any liabilities.

The Central Bank of Nigeria (CBN) is searching for certified vendors with verifiable capacity and experience in implementing the required solution, including experience in the public sector.

 


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CBN Orders Banks to Charge 0.5 Percent Cybersecurity Levy

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Central Bank of Nigeria (CBN) has ordered banks operating in the country to start charging a cybersecurity levy on transactions.

A circular from the apex bank on Monday disclosed that the implementation of the levy would start two weeks from yesterday.

The circular was directed to all commercial, merchant, non-interest and payment service banks, among others.

The circular revealed that it was a follow-up on an earlier letter dated June 25, 2018 (Ref: BPS/DIR/GEN/CIR/05/008) and October 5, 2018 (Ref: BSD/DIR/GEN/LAB/11/023), respectively, on compliance with the Cybercrimes (Prohibition, Prevention, Etc.) Act 2015.

The recent public engagements by the Office of the National Security Adviser on the above subject, also refers.

Following the enactment of the Cybercrime (Prohibition, Prevention, etc) (amendment) Act 2024 and under the provision of Section 44 (2)(a) of the Act, a levy of 0.5 per cent (0.005) equivalent to a half per cent of all electronic transactions value by the business specified in the Second Schedule of the Act, is to be remitted to the National Cybersecurity Fund which shall be administered by the Office of the National Security Adviser.

The CBN said that all banks, other financial institutions and payment service providers are now required to implement the directive, saying, “The levy shall be applied at the point of electronic transfer origination, then deducted and remitted by the financial institution. The deducted amount shall be reflected in the customer’s account with the narration, ‘Cybersecurity Levy’.

“Deductions shall commence within two weeks from the date of this circular for all financial institutions and the monthly remittance of the levies collected in bulk to the NCF account domiciled at the CBN by the fifth business day of every subsequent month.”

Exempted from the levy include loan disbursements and repayments, salary payments, intra-account transfers within the same bank or between different banks for the same customer, intra-bank transfers between customers of the same bank.

Also exempted from the levy were inter-branch transfers within a bank, cheque clearing and settlements, ⁠Letters of Credits, ⁠Banks’ recapitalisation-related funding only bulk funds movement from collection accounts, savings and deposits including transactions involving long-term investments, among others.

The CBN, in recent times, has been making an effort to sanitise the financial sector. It recently issued a directive which barred fintechs from onboarding new customers.

The fintechs have in turn warned their customers against engaging in crypto transactions on their platforms.

This also comes barely a week after the Federal Government had directed Deposit Money Banks to immediately begin the deduction of 0.375 per cent stamp duty charge on all mortgaged-backed loans and bonds.


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