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Firm Asks Court to Freeze SAP Accounts over Alleged Contract Breach

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B4G Consulting Ltd has asked a Lagos State High Court to restrain Systems Applications Products (SAP) from dissipating $3,371,945.27 and N5mllion with 28 Respondents including the Central Bank of Nigeria (CBN) and 21 other banks, pending determination of an alleged contract breach suit.

Firm Asks Court to Freeze SAP Accounts over Alleged Contract Breach

It is also seeking a Mareva injunction restraining the 1st-28th Respondents from releasing to SAP $3,371,945.27 and N5mllion held with the 1st – 28th Respondents.

It is further seeking to restrain the 1st-28th Respondents from releasing to SAP any funds or other instruments belonging to SAP and held with the 1st – 28th Respondents up to the value of $3,371,945.27 and N5mllion.

It is also praying for an order directing the 1st-28th Respondents to file and serve affidavits before the court within seven days of the grant of the three prayers above, disclosing all funds belonging and/or due and payable to the Defendants/Respondents and held with them, as at the date of service of this motion on each of the Respondents.

The suit, which was formerly before Justice Olukayode Ogunjobi, has now been reassigned to Justice Ezekiel Ashade and proceedings are to resume on March 26, 2021.

B4G Consulting Ltd & Anor, represented by David Ogebe, its counsel, are the Claimants/Applicants in the suit marked LD/ADR/519/2016, while Systems Applications Products Nig. Ltd and Systems Applications Products (Africa Region) (Proprietary) Ltd are the Defendants/Respondents and are represented by Adedapo Tunde-Olowu SAN.

28 others are nominal respondents are National Petroleum Investment Management Services, Nigeria National Petroleum Corporation (NNPC), Nigerian Petroleum Development Company Ltd, Department Of Petroleum Resources (DPR), CBN, Debt Management Office (DMO).

The banks are: Access Bank, Ecobank, Citibank, Fidelity Bank Plc, First Bank, First City Monument Bank, Globus Bank, Guaranty Trust Bank, Heritage Bank, Keystone Bank, Polaris Bank, Providus Bank, StanbicIBTC Bank, Standard Chartered Bank, Sterling Bank, Sun Trust Bank, Titan Trust Bank, Union Bank, United Bank For Africa, Unity Bank, Wema Bank Plc and Zenith Bank.

Apart from the Mareva Injunction, the claimant is also seeking other reliefs in the main suit. These include:

“An order directing the Defendants to pay to the Claimants the sum of $83,169.78 being outstanding and unpaid sums, $117. 60 in respect of hoteling for 8 Consultants from January – September 2010 and $267, 792 being pay for services of consultants between July to September 2010

“An order directing the Defendants to provide full details and render accounts including all reviews and payments received from the NNPC in relation to the ERP System contract between SAP and NNPC

“An order directing the Defendants to pay the full 10 per centum face value of the ERP System contract as valued at its date of completion. less previous payments to the Claimants.

B4G Consulting averred in its July 27, 2020, amended statement of claim that sometime in 2009 the defendants engaged it to help broker, procure negotiate, secure and implement an ERP System contract (the SAP ERP contract with the NNPC.

The consideration provided in respect of the engagement was the supply or provision of services to a minimum of 10 per cent of the face value of any secured contract.

Pursuant to the claimants’ engagement, a contract with an initial value of $36.75m (subsequently revalued to $42m) was negotiated and secured between the NNPC and SAP.

The claimant commenced the supply or provision of services in line with the terms of its engagement by SAP, but before it could provide the minimum 10 per cent of the ERP contract, the Claimant’s provision of services was halted – by SAP vide letter dated 12 July 2010.

It averred that SAP without any investigation and without hearing from the Claimants issued a letter of 12 July 2010 unilaterally imposing fresh contractual terms on the parties including demanding exclusion of the physical presence of the 2nd Claimant from the project.

Despite the Claimant’s letters in response of 20 July and 12 August 2010 respectively, SAP ignored these letters.

“The Defendants did not issue payment advice to the Claimants but only made sporadic lump-sum payments to the Claimants account on 21 and 26 July, and 16 August 2010.

But opposing the claimant’s prayer in its February 22, 2021, amended statement of defence, the defendants described the claimant’s case as frivolous, an abuse of court processes that should be struck out with substantial costs against the claimants.

They averred that the claimant was “not entitled to the $83,698.78, $117,66, $3,371.945.27 claimed in this action or any other judgments. The Defendant states that it has no contractual obligation to make any disclosures to the Claimant with respect to the said contract as alleged.”

It added further: “The Defendant also states that they never agreed that the condition to be provided in part of the ERP contract with NNPC ‘is a minimum 10 per cent of the face value of any contract’ as alleged by the Claimants.”

 

 

 

 

 

 

 

 


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E-Business

NITDA to Integrate of Digital Literacy into School Curriculum

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Kashifu Abdullahi, director general of the National Information Technology Development Agency (NITDA), announced plans to integrate digital literacy into Nigeria’s education system, to achieve a 70% literacy rate by 2027 and 95% by 2030.

NITDA to Integrate of Digital Literacy into School Curriculum

Kashifu Abdullah, DG, NITDA

The NITDA’s DG made the announcement on Wednesday in Abuja during a media parley.

He stated that in order to include digital literacy in the curriculum at all educational levels, from kindergarten to university, the Agency was collaborating with the Federal Ministry of Education.

Abdullahi, said that this program would equip Nigerians with the digital know-how and abilities they need to succeed in the digital economy.

He emphasized that NITDA would also launch the “Digital Literacy for All Initiative” to educate Nigerians outside the formal education system and provide access to quality digital content.

Nigeria would train over two million young people in in-demand IT skills in order to become significant global outsourcing hub

NITDA is also collaborating with the Defence Headquarters and security agencies to develop digital solutions to address security concerns, including the use of drones, artificial intelligence, and other digital resources to combat banditry, abduction, and terrorism, he said.

 

According to him, the agency’s draft SRAP 2.0 plan aims to establish Nigeria as a digitally empowered nation, with a focus on innovation, national prosperity, and inclusivity.

The director general of NITDA added that, if successfully implemented, this strategy could propel Nigeria into a new phase of digital empowerment and leadership in the global digital economy.


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Experts Highlight Trusted Relationships as Key Vector

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In 2023, more than 1/5 of cyberattacks persisted for over a month, the annual Kaspersky Incident Response 2023 report has revealed, with trusted relationships emerging as one of the main attack vectors in these prolonged cases.

The report draws on the results of Kaspersky’s cyberattack investigations throughout the year, gathered when supporting organisations sought incident response assistance or when hosting expert events for their internal incident response teams.

Primary reasons of organisations approaching Kaspersky Incident Response team with service requests were encrypted files (32.8% of requests), suspicious activities (31%), data leakage (20%), and also included non-authorised accesses (3%), service unavailability (3%) and money theft (1.6%).

Among initial attack vectors of the investigated incidents were exploiting public facing application (42.4%), compromised accounts and BruteForce attacks (28.8% in total), trusted relationships (6.78%), phishing (5%), insider’s activity (3.4%).

Kaspersky Incident Response 2023 report indicates that long-lasting cyberattacks that persist for more than a month constituted 21.85% of the total, increasing from 2022 by 5.55%.

One notable trend observed in these attacks was the exploitation of trusted relationships as a primary vector. Compromises leveraging trusted relationships have occurred previously, but in 2023 their frequency increased.

As this method of attack enables threat actors to infiltrate multiple victims through a single compromised organisation, investigative teams face several additional challenges. Firstly, initially targeted organisations don’t always recognise the importance of thorough investigations and may be reluctant to cooperate.

Secondly, attacks initiated through trusted relationships often require more time to progress from the initial intrusion to the final incursion phase. Therefore 50% of these attacks lasted more than a month. A similar proportion of attacks exceeding one month were exclusively registered within the insider and phishing vectors.

“Our latest findings underscore the critical role of trust in cyberattacks. In 2023 and for the first time in recent years, attacks through trusted relationships were among the three most used vectors. Half of these incidents were discovered only after a data leak had been found.

“By exploiting trusted relationships, threat actors can prolong attacks and infiltrate networks for extended periods, posing significant risks to organisations. It’s imperative for businesses to remain vigilant and prioritise security measures to safeguard against such sophisticated tactics,” comments Konstantin Sapronov, Head of Global Emergency Response Team at Kaspersky.

 


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OmniRetail Emerges First in Financial Times’ Ranking of Africa’s Fastest-Growing Companies

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Omniretail, a B2B enablement platform focusing on digital infrastructure in Sub-Saharan Africa, is proud to announce it has secured the top position in the Financial Times (FT) ranking of Africa’s Fastest-Growing Companies for 2024.

The ranking, now in its third year, continues to highlight the dynamism and growth of companies in sectors including fintech, renewable energy, healthcare, e-commerce, and agriculture.

The FT presents Africa’s Fastest Growing Companies list comprising innovative, modern, companies growing at scale, that are the driving force of the international economy in the 21st century.

The Financial Times partners with Statista, to produce similar rankings for companies in Europe, Asia, and America. The inclusion of OmniRetail as part of this prestigious list is a testament to its success and exceptional performance.

Similar to the ranking for other markets, the Africa list places companies by their compound annual growth rate (CAGR) in revenue between 2019 and 2022. OmniRetail has grown by 772.39% over these 3 years, making it Africa’s fastest-growing company in 2024.

Launched in 2019, OmniBiz is the flagship product of OmniRetail, a distribution platform that digitises the supply chain from distributors to retailers by embracing a retailer-first, asset-light approach.

OmniBiz enables retailers to place orders directly from manufacturers. These orders are fulfilled by partner distributors, who specialise in warehousing, while transportation responsibilities are delegated to third-party logistics providers, ensuring delivery to retailers within 24 hours.

OmniRetail is building a collaborative platform that includes other innovative tools like OmniPay and Mplify, which equips retailers with essential resources and tools to procure products, build and access credit, and optimise their business for higher profitability and scale. With over 140,000 small retailers and over 200 brands onboarded, OmniRetail aims to redefine the retail industry in Africa.

Deepankar Rustagi, CEO of OmniRetail, said, “We’re proud to enter the FT Africa’s fastest-growing list for the first time and even more so to be at the top of the list.

This is a tribute to the hard work and perseverance of everyone at OmniRetail. Africa deserves a robust digital infrastructure layered on top of the existing informal retail sector, and we’re proud of the progress we’ve made so far.

We are equally proud of our work towards empowering and supporting more retailers previously excluded by the financial ecosystem and those experiencing cash flow issues to enhance their supply chain processes.

Through OmniRetail, we help retailers grow through our integrated digital infrastructure providing access to essential goods and capital. We will continue to improve infrastructure for efficient product distribution, envisioning more product variety and efficient distribution to even more remote areas.

As a company, we are on a journey to completely eliminate the inefficiencies of traditional trade by digitising the key stakeholders across the value chain”.

OmniRetail’s business model revolves around the OmniBiz platform, which digitises the supply chain, while OmniPay processes over $50 million in transactions.

This emphasises high-margin product categories and offers structured rebates and incentives.  To optimise delivery van loads, OmniRetail uses an algorithm and operates with a robust model that includes decentralised warehousing.

At least 78% of OmniRetail’s retailers and distributors are women, reflecting robust financial inclusion by providing access to banking services, working capital, and genuine digitisation.

The company works with more than 4800 distributor partners and 1100 committed vehicles and compensates partners based on delivered value. OmniRetail recently achieved profitability, boasting gross margins of 9% and net contribution margins of 5% as of January 2024, with a registered retailer base of 144,000.


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