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Court Strikes Out N47.1Bn Theft Charge against Akingbola

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Court of appeal in Lagos on Wednesday struck out a N47.1 billion theft charge against Erastus Akingbola, former managing director of Intercontinental Bank Plc.

Akingbola was charged by the Economic and Financial Crimes Commission (EFCC) alongside Bayo Dada, general manager of Probics Securities Ltd, before a Lagos High Court in Ikeja.

They were charged on 22 counts bordering on stealing and obtaining money by false pretences. Wole Olanipekun (SAN) and Taiwo Osipitan (SAN), counsels to the appellants, had challenged the jurisdiction of the court to entertain the charge preferred against them.

In a ruling delivered on May 2, 2014, Justice Lateef Lawal-Akapo, the trial court judge, dismissed their applications, holding that it was competent to entertain the charges preferred against the appellants.

The lower court then assumed jurisdiction in the matter. Dissatisfied with the ruling of the court, the appellants filed two separate appeals, urging the appellate court to set aside the decision of the lower court.

Delivering a unanimous decision on Wednesday, the appellate court allowed the appeal on the grounds that the subject matter of the alleged offences related to banking operations and capital issues were under the jurisdiction of the federal high court.

Justice Amina Augie, who delivered the lead judgment, held that the lower court judge took a narrow view of the issue when it assumed jurisdiction on the case.

Augie held that by failing to take notice of the decision of the appellate court in the case of Okey Nwosu vs EFCC, even when it was brought to his notice, the lower court judge erred.

She noted that the appellate court had, in Okey Nwosu’s case, held that the Ikeja high court, Lagos, where the charges were instituted against the defendants, had no jurisdiction over capital market-related issues.

Augie held that the refusal of the lower court to abide by the principle of Stare decisis was tantamount to judicial rascality, saying it would encourage the lower court to take up arms against the appellate court.

The court held that the subject matter of the alleged offences related to banking operations and capital market issues was outside the jurisdiction of the Lagos High Court.

It, therefore, held that the lower court failed in its duty as an unbiased umpire when it refused to study thoroughly the processes presented before it. Earlier in his submission, Olanipekun had urged the court to allow the appeal and set aside the decision of the lower court.

He argued that the trial judge erred in law when he assumed jurisdiction over the charge before him despite clear provisions of Section 251 of the constitution and Section 8(1) of the Federal High Court Act. Olanipekun submitted that Section 251 of the constitution vested exclusive jurisdiction in the federal high court over the subject matter, stressing that Section 272(1) of the constitution, which provided for the jurisdiction of the state high court, was subject to Section 251.

He further submitted that the lower court erred in law and came to a perverse decision in its interpretation and application of the word ‘’also’’, as used in Section 251(3) of the constitution. Olanipekun told the court that there was a similar charge involving Akingbola and the EFCC, which he said was currently pending before the federal high court in Lagos.

 He also argued that the main witnesses listed in the proof of evidence at the federal high court were the same witnesses listed in the proof of evidence before the court.

The judgement of the appellate court was also adopted by Justice Samuel Oseji and Justice Abimbola Obaseki-Adejumo


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E-Financial

CBN Licenses Unified Payments as Second Provider for PTSA Services for Nigeria

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Central Bank of Nigeria (CBN) has awarded the country’s second Payment Terminal Service Aggregator (PTSA) license to Unified Payments, Nigeria’s premier financial technology company, following a rigorous and transparent process,

CBN Licenses Unified Payments as Second Provider for PTSA Services for Nigeria

The move is targeted at enforcing existing requirement that all transactions from point-of-sale channels in Nigeria must go through a licensed Payment Terminal Service Aggregator (PTSA).

The CBN is enforcing the laws to clamp down on financial crimes and other market misconducts and it aligns with the CBN’s objectives to fully track all electronic transactions in Nigeria, given the propensity of using such transactions to fund insecurity, violent crimes, banditry, kidnapping as well as other vices.

According to one analyst, “By awarding a second PTSA license, the apex bank has proactively responded to industry operators who had expressed serious concerns about channelling all transactions through a single aggregator, the Nigeria Interbank Settlement System PLC (NIBBS), as has been the case for some years.

“With the new policy direction, payments service providers would henceforth route all transactions through either of the two licensed Companies.”

Other financial analysts and industry players have commended the Central Bank, affirming that “the move can be a massive step in the right direction. They also commended the open, transparent, and inclusive manner via which the selection process was managed, and the license awarded.

“The selection process, which lasted for months, began with an invitation for qualified organisations within the payment industry to submit an Expression of Interest document, alongside other requisite documentation and additional capital requirement of N1 billion.”

 

The new management of CBN decided not to give the license out without going through an open process – and for the first time in licensing a payment service provider – the apex bank went through a public bid process outlined in its publication of Friday, January 5, 2024, in different national newspapers. At the end of the process, Unified Payments emerged as the most preferred service provider.

Unified Payment Services Limited, also called Unified Payments or UP, is a shared service provider within Nigeria’s financial technology sector owned by a consortium of Nigerian banks. For over 26 years, the firm has provided payment technology to banks and other industry operators. The first and only non-bank entity that is a principal member and licensed acquirer of all of American Express, Mastercard, Visa, UnionPay and Payattitude. Unified Payments facilitates both local and international transactions.

Formerly known as ValuCard Nigeria Plc, Unified Payments led the way to introduce POS payments in Nigeria under its card scheme known as ValuCard which is the first payment card to be issued in Nigeria. The company later transformed into a scheme-neutral and option-neutral service provider enabling transactions under different schemes.

The company has continued to provide leading payment technologies and services, enabling different operators to leverage its capabilities and licenses, enabling prompt and seamless transactions.

Among the shareholders of Unified Payments are First Bank, Access Bank, United Bank for Africa (UBA), Guaranty Trust Bank Plc, Zenith Bank and Fidelity Bank. Other shareholders are Citibank Nigeria Limited, Ecobank of Nigeria Plc, First City Monument Bank Plc, Keystone Bank Ltd, Polaris Bank Ltd, Stanbic IBTC Bank Plc, Sterling Bank Plc and Wema Bank Plc.


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CIBN says Recapitalization will Empower Banks to Lend more to Economy

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Chartered Institute of Bankers of Nigeria, CIBN, has expressed support for the ongoing banking recapitalization exercise saying it will empower banks to lend more to the economy.

CIBN President, Dr. Ken Opara stated this yesterday while speaking at the annual lecture of the institute in Lagos, with the theme “Improving Availability of Credit in the Nigerian Real Economy: The Critical Importance of Liquidity.”

Okpara noted that the volume of credit to the real sector activities namely agriculture, manufacturing and services is low compared to their critical role in driving economic growth.

Consequently, he called for more credit to the real sector, saying, “I   propose that we consider offering more credit to these key sectors and particularly the agriculture sector. It is for this reason that the Recapitalization exercise is a welcome development.

“The recently announced upward review of the Minimum Capital Requirements of Nigeria by the Central Bank of Nigeria would further empower banks to extend more credit to the economy’s productive sectors.”

To address these factors impeding credit to the real sector, Okpara suggested that, “The government needs to improve further the ease of doing business and infrastructural development, such as power, roads, rail networks, etc.

“Setting up industrial centres where these companies can co-habit and share common infrastructure. Harmonize and reduce the various taxes and levies, including locating them in a single hub.

“Banks need to be deliberate in de-risking these companies via Capacity building programmes, and Advisory services.

Specialised Financial Institutions can be created in addition to the Bank of Industry (BOI), especially credit guarantee agencies and risk-sharing institutions, to further facilitate the deepening of credit as practiced in countries such as China which significantly transformed its economy.


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New Report Reveals 20% of Nigerians Use Bitcoin to Transact Daily

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A new report claims that 20 per cent of Nigerians are using Bitcoin to carry out financial transactions every day.

According to the open-source blockchain website, Elastos, the research was compiled from online interviews conducted with 1,407 self-defined ‘tech savvy’ respondents in Brazil, Germany, Nigeria, South Korea, UAE, the UK, and the US.

The interviews were completed by a third party, a registered market research company and completed between 30 March and 04 April ’24.

The report further revealed that 67 per cent of Nigerians would have more trust in Bitcoin to put their life savings than banks and local governments.

The report reads; “The inaugural BIT Index (Bitcoin; Innovation & Trust) – compiled from over 1,400 self-defined ‘tech savvy’ respondents from 7 countries across the globe – sheds light on the actual perception and use of Bitcoin in people’s daily lives, irrespective of its current valuation. Elastos’ BIT Index is part of ongoing research to better track the ‘real world’ use of Bitcoin together with users’ motivations, expectations and barriers around the same.

“In particular, the data reveals the role being played by emerging markets in terms of understanding, usage and confidence around Bitcoin. Nigerian respondents’ levels of usage and trust compare starkly with those expressed from so-called ‘established’ markets such as Germany and the UK and Germany where daily usage levels are just 8% (for German respondents) and (9% for their UK counterparts).

“In terms of the trust – in addition to Nigeria – significant proportions of respondents from Brazil (35 per cent) and the UAE (32 per cent) would have more confidence in Bitcoin-based services to protect their life savings compared to those from markets such as the UK (20 per cent) and Germany (22 per cent).

“When it comes to ensuring the integrity of online transactions, emerging market respondents also revealed their relative confidence in Bitcoin, compared to alternatives. According to the data, 66 per cent of Nigerian respondents and 35 per cent from Brazil have more confidence in Bitcoin-based systems than alternatives such as banks, or national Governments, compared to figures of just 16 per cent (Germany) and 21 per cent (UK) who feel the same.


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