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CAC Seeks FEC’s Approval to Bar Non-Remitting Entities from Public Contracts

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Corporate Affairs Commission

The outgoing Chairman, Corporate Affairs Commission (CAC) Governing Board, and Nigerian Ambassador designate to Spain, Mr. Ademola Seriki, has said the commission is presently seeking the approval of the Federal Executive Council (FEC), to ensure that registered entities do not benefit from government contracts unless they filed their annual returns.

Speaking to journalists during an appreciation dinner in his honour, which was organised by the CAC, he said the adoption of Good Standing Certificate was particularly historic, pointing out that, “most companies don’t pay annual returns and it’s a problem”.

Seriki, however, said he will use his new position to enhance the country’s bilateral trade relations with Spain, adding that a team would be set up to monitor the implementation of trade treaties between both countries.

He said implementation remained one of the greatest challenges affecting Nigeria’s international bilateral relations.

He expressed concerns that people who don’t pay annual returns bid for procurements and contracts, and oftentimes, won in the exercise even though they do not comply with their financial obligations to the government, adding that there was need to put an end to the trend going forward.

He said: “So, we need to pay our annual returns and we have started the issue of Good Standing Certificate which is awaiting FEC approval. It’s going to the president and by God’s grace, I hope it will be approved.”

Seriki, who played a significant role in the current reforms being undertaken at the CAC, also said, the introduction of notification alerts on accounts transactions by the commission remained not only formidable but unprecedented.

He said he would love to see the reforms initiatives actualised to usher a regime of world class services in company registration in Nigeria.

He said: “We did something formidable in the issue of Good Standing Certificate, it has not been done in history because most companies don’t pay annual returns and it’s a problem.

“And you will see a company that would bid for procurements of hundreds of billions of dollars and never paid annual returns in 20 to 30 years.

“In a very civilised country, even in Ghana, I was in Ghana two weeks ago and I met with the registrar general- all companies that have not paid their annual returns, they have to pull down their names and will no longer be valid.”

According to him:”People register companies to buy properties as a matter of hiding their identities from the public – they should be paying annual returns.”

On the alert notifications option, the outgoing chairman, assured that it will stem abuses from unilateral accounts alterations without full consent of interest parties.

He said: “Husband and wife who have being together do fight, either of them will go behind and change the ownership or siblings when their father and mother die, you know all kinds of things. People do a lot of illegalities and they commit such without having to regret it.

“So, when you opt for notification alert, you get a short code, you get a text message and you get email that your file had been tampered with.

“And that way, you are on the alert and you can go back to CAC and say look, I didn’t do this.”
He added: “We have thousands of cases where people change information without the principal owner’s consent or knowledge.”

Seriki, added that as much as he would have loved to see the reforms come into force, his new ambassadorial assignment, “is a higher job for me, it’s a higher assignment of which I believe it will put my name on a good stead.”

Also, in his remarks at the dinner, Minister of Industry, Trade and Investment, Mr. Niyi Adebayo, commended the ambassador designate for having a among the staff of the commission, which helped to achieve significant milestones within his one-year duration.

Similarly, the Minister of State for Industry, Trade and Investment, Mrs. Maryam Katagun, urged Seriki, to make a difference in spain not only in bilateral relations but also pay attention to Nigerians in diaspora.

Meanwhile, the Registrar-General of CAC, Mr. Garba Abubakar, has assured that companies’ registration procedures would be completed within three hours before the end of the year as part of measures to ensure efficient service delivery to the public.

He added that companies’ registration can now be completed without physical presence at the commission’s offices.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Economic Downturn Triggers Drop in Nigerian Air Cargo Activities

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Activity in Nigeria’s air cargo sector declined with cargo volumes dwindling across airports in the country.

The decline fueled by a myriad of factors including rising production costs, diminished purchasing power, and elevated exchange rates, has underscored the broader economic strain facing the nation.

Throughout 2023, key players in the sector, such as the Nigerian Aviation Handling Company (NAHCO) and the Skyway Aviation Handling Company (SAHCO), reported notable decreases in their total tonnage figures compared to the previous year.

NAHCO recorded a six percent decline in total tonnage to 61.09 million kg, while SAHCO’s total tonnage decreased to 63.56 million kg. These declines were observed across various services, including import, export, and courier.

According to industry experts, the downturn in cargo volumes can be attributed to the escalating costs of production, which have soared due to various factors such as higher diesel prices, increased supply chain costs, and fuel surcharges.

Also, the adverse impact of elevated exchange rates, influenced by Central Bank of Nigeria’s policies on Customs Currency Exchange Platform, has further exacerbated the situation.

Seyi Adewale, CEO of Mainstream Cargo Limited, highlighted the challenges facing the industry, pointing to higher local transport and distribution costs, as well as the closure of production/manufacturing companies.

Adewale also noted government policies aimed at promoting local sourcing of raw materials, which have added to the complexities faced by cargo operators.

The broader economic downturn has led to a contraction in Nigeria’s economy, with imports declining as a response to the prevailing economic conditions.

Ikechi Uko, organizer of the Aviation and Cargo Conference (CHINET), emphasized the shrinking economy and reduced import activities, which have had a ripple effect on air cargo volumes.

Furthermore, the scarcity of foreign exchange and trapped funds experienced by carriers have contributed to the decline in cargo operations.

Major cargo airlines, including Cargolux, Saudi Cargo, and Emirates Cargo, have ceased operations in Nigeria, leaving Turkish Airlines as one of the few carriers still operating, albeit on a limited scale.

The absence of freighter cargo airlines has forced importers and exporters to resort to chartering cargo planes at exorbitant rates, further straining the air cargo sector.

 

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Point of Sale Operators to Challenge CAC Directive in Court

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Point of Sale (PoS) operators in Nigeria are gearing up for a legal battle against the Corporate Affairs Commission (CAC) as they contest the legality of a directive mandating registration with the commission.

The move comes amidst a growing dispute over regulatory oversight and the interpretation of existing laws governing business operations in the country.

Led by the National President of the Association of Mobile Money and Bank Agents in Nigeria, Fasasi Sarafadeen, PoS operators have expressed staunch opposition to the CAC directive, arguing that it oversteps its jurisdiction and violates established legal provisions.

Sarafadeen, in a statement addressing the matter, emphasized that the directive from the CAC contradicts the Companies and Allied Matters Act (CAMA) of 2004, which explicitly states that the commission does not have jurisdiction over individuals operating as sole proprietors.

“The order to enforce CAC directive on individual PoS agents operating under their name is wrong and will be challenged,” Sarafadeen asserted, citing section 863(1) of CAMA, which delineates the commission’s scope of authority.

According to Sarafadeen, the PoS operators are prepared to take their case to court to seek legal redress, highlighting their commitment to upholding their rights and challenging what they perceive as regulatory overreach.

“We shall challenge it legally. The court will have to intervene in the interpretation of the quoted section of the CAMA if individuals operating as a sub-agent must register with CAC,” Sarafadeen stated, emphasizing the association’s determination to pursue a legal resolution.

The crux of the dispute lies in the distinction between individual and non-individual PoS agents. Sarafadeen clarified that while non-individual agents, operating under registered or unregistered business names, are subject to CAC registration requirements, individual agents conducting business under their names fall outside the commission’s purview.

“Individual agents operate under their names and are typically profiled with financial institutions under their names,” Sarafadeen explained.

“It is this second category of agents that the Corporate Affairs Commission can enforce the law on.”

Moreover, Sarafadeen highlighted the integral role of sub-agents within the PoS ecosystem, noting that they function as independent branches of registered companies and should not be subjected to the same regulatory scrutiny as non-individual agents.

“Sub-agents are not carrying out as an independent company but branches of a company,” Sarafadeen clarified, urging for a nuanced understanding of the operational dynamics within the fintech and agent banking industry.

In addition to challenging the CAC directive, Sarafadeen emphasized the need for regulatory bodies to prioritize addressing broader issues affecting businesses in Nigeria, such as the high failure rate of registered enterprises.

“The Corporate Affairs Commission should prioritize addressing the alarming failure rate of registered businesses in Nigeria, rather than targeting sub-agents,” Sarafadeen asserted, calling for a shift in regulatory focus towards fostering a conducive business environment.

As PoS operators prepare to navigate the complex legal terrain ahead, their decision to challenge the CAC directive underscores a broader struggle for regulatory clarity and accountability within Nigeria’s burgeoning fintech sector.

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NNPC E&P Ltd and NOSL Begin Oil Production at OML 13, Akwa Ibom State

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NNPC Exploration and Production Limited (NNPC E&P Ltd) and Natural Oilfield Services Limited (NOSL) have commenced oil production at Oil Mining Lease 13 (OML 13) located in Akwa Ibom State.

The announcement came through a statement signed by Olufemi Soneye, the spokesperson of NNPC E&P Ltd, highlighting the collaborative effort between the flagship upstream subsidiary of the Nigerian National Petroleum Corporation (NNPC) and NOSL, a subsidiary of Sterling Oil Exploration & Energy Production Company Limited.

The production, which officially began on May 6, 2024, saw an initial output of 6,000 barrels of oil. The partners aim to ramp up production to 40,000 barrels per day by May 27, 2024, reflecting their commitment to enhancing Nigeria’s crude oil production capacity.

Soneye said the first oil flow from OML 13 shows the dedication of NNPC E&P Ltd and NOSL to drive growth and development in Nigeria’s oil and gas sector.

He stated, “The achievement does not only signify the culmination of rigorous planning and execution by the teams involved but also represents a new era of economic empowerment and development opportunities for the host communities.”

For Nigeria, the commencement of oil production at OML 13 holds immense significance. It contributes to the country’s efforts to increase its oil production capacity, essential for meeting domestic energy needs and driving economic growth.

Moreover, Soneye reiterated NNPC E&P Ltd and NOSL’s commitment to operating in a safe, environmentally responsible, and community-beneficial manner.

This partnership underscores their dedication to sustainable practices and fostering positive impacts in the local communities where they operate.

The commencement of oil production at OML 13 marks a pivotal moment in Nigeria’s oil and gas industry, signifying not only increased production capacity but also the collaborative efforts between industry players to drive growth and development in the nation’s vital energy sector.

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