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Oando Gave False Financial Statements, Dividend – SEC

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Oando Plc
  • Oando Gave False Financial Statements, Dividend – SEC

The apex regulator of the Nigerian capital market, Securities and Exchange Commission, said there were misstatements in Oando Plc’s audited financial statements for the 2013 and 2014 financial year arising from Oando Exploration and Production Limited transaction.

This revelation was contained in a letter addressed to the Group Chief Executive Officer of Oando, Adewale Tinubu, by SEC.

In the letter obtained by our correspondent on Tuesday, the commission alleged outright disregard to laid-down rules and regulations

SEC said, “Following the structuring of the OEPL transaction in contravention of the ISA 2007, Oando Plc recorded a profit of about N6bn from the sale of the OEPL that erased the operating loss of N4.68bn, leading to a profit of N1.4bn for the year 2013.

“The company subsequently declared dividends from the profit. Having admitted that the action was in breach of the ISA 2007, Oando Plc restated its 2013 and 2014 audited financial statements, which contained material false and misleading information contrary to Section 60(2) of the ISA 2007.

“The commission finds from the corporate governance returns submitted by the company for the period ended December 31, 2016 that the remuneration of the group chief executive officer and the deputy GCEO was approved by the board while the GCEO was responsible for fixing the remuneration of other executive directors, which is in violation of part 3, 14,3 of the SEC Code of Corporate Governance.”

The letter, dated October 17, 2017, was titled, ‘Re: Serious Concern to Corporate Governance Existence, Gross Abuse of Corporate Governance and Financial Mismanagement in Oando Plc’, and was signed by the Head, Legal Department, SEC, Mrs. Braimoh Anastsia.

SEC explained that the last board evaluation of Oando was done by the KPMG in 2012, stressing, “This is a violation of Part B, 15.1 of the SEC Code of Corporate Governance.”

It also alleged that there was a breach of the ISA 2007 on the disposal of OEPL by Oando in 2013.

The regulator explained that the disposal of the OEPL to Green Park Management Limited was done without the prior approval of the commission.

But Oando said in a statement on Tuesday that it had obtained an ex parte order to lift the suspension of trading in its shares as well as halt a forensic audit planned by SEC.

Oando’s share price was frozen at N5.99 on Monday until further notice, the Nigerian Stock Exchange said after SEC ordered an audit of the company’s activities.

SEC, on Monday, said the shares of Oando were now on technical suspension. With the development, the shares of the company will be available for trading on the floor of the NSE, but there will be no price movement while the technical suspension subsists.

Oando, in a statement said, “We are of the view that the SEC’s directives are illegal, invalid and calculated to prejudice the business of the company. The company being dissatisfied with the most recent actions taken by SEC and to safeguard the interests of the company and its shareholders immediately took steps to file an action with the Federal High Court against SEC and the NSE.

“Oando obtained an ex-parte order from the FHC granting an interim injunction, via an order restraining the NSE from effecting the directive of the SEC to implement a technical suspension of the shares of the company, and an order restraining the SEC from conducting any forensic audit of the company’s affairs pending the hearing and determination of the matter.

“The NSE and SEC were served with the court order on Tuesday, October 24, 2017 and the NSE and SEC are legally obliged to comply with the interim order pending the substantive determination of the suit.”

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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Loans

IMF Gives Nod as Congo Inches Closer to Historic Loan Program Completion

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IMF global - Investors King

The Democratic Republic of Congo (DRC) received a positive review from the International Monetary Fund (IMF) on Wednesday in a crucial step toward completing its first-ever IMF loan program.

Following the completion of the sixth and final review in the Congolese capital, Kinshasa, IMF staff are set to recommend to the executive board the approval of the last disbursement of Congo’s three-year $1.5 billion extended credit facility.

This development positions Congo on the brink of achieving a milestone in its financial history.

Despite facing fiscal pressures exacerbated by ongoing conflict in the eastern regions and the recent elections in December 2023, the IMF lauded Congo’s overall performance as “generally positive”.

The country’s economy heavily relies on mineral exports, particularly copper and cobalt, essential components in electric vehicle batteries.

According to the IMF, Congo’s economy exhibited robust growth, expanding by 8.3% last year, fueled largely by its ascent to become the world’s second-largest copper producer.

However, persistent insecurity in eastern Congo, attributed to the activities of over 100 armed groups vying for control over resources and political representation, has hindered the nation’s economic progress.

The positive assessment by the IMF underscores Congo’s achievements in enhancing its economic fundamentals, including an increase in reserves, which reached $5.5 billion by the end of 2023, equivalent to approximately two months of imports.

Despite these gains, challenges remain, with high inflation rates hovering around 24% at the close of last year.

The IMF emphasized the necessity of enacting a new budget law following the renegotiation of a minerals-for-infrastructure contract with China. Under the revised terms, Congo is slated to receive $324 million annually in development financing backed by revenue from a copper and cobalt joint venture.

Looking ahead, the IMF’s executive board is anticipated to deliberate on the staff recommendation in July. If approved, the disbursement of approximately $200 million will fortify Congo’s international reserves, providing a crucial buffer against economic volatility.

Also, Congo’s government intends to seek a new Extended Credit Facility (ECF) from the IMF, signaling its commitment to ongoing economic reforms and sustainable growth.

The IMF’s endorsement represents a significant validation of Congo’s economic trajectory and underscores the nation’s efforts to navigate complex challenges while advancing towards financial stability and prosperity.

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Banking Sector

Access Holdings Plc Grants 23.81 Million Shares to Directors, Valued at N420 Million

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Access bank

Access Holdings Plc, a leading financial institution, has recently vested approximately 23.81 million shares valued at over N420 million to its directors.

The share vesting process, a common practice in corporate governance, allows employees, investors, or co-founders to gradually receive full ownership rights to shares or stock options over a specified period.

In this instance, Access Holdings Plc has chosen to reward its directors with shares, signifying confidence in their leadership and contributions to the company’s growth trajectory.

Among the beneficiaries of this share allocation are key figures within Access Bank, a subsidiary of Access Holdings Plc, as well as the acting Group Chief Executive Officer (GCEO).

Recipients include Sunday Okwochi, the company secretary, who received 1.2 million shares at N17.95 per share, and Hadiza Ambursa, a director of Access Bank, who was allocated 1.72 million shares at the same price.

Other directors, such as Gregory Jobome, Chizoma Okoli, Iyabo Soji-Okusanya, Seyi Kumapayi, and Roosevelt Ogbonna, also received allocations ranging from 1.234 million to 12.345 million shares, each valued between N17.85 and N17.95 per share.

Bolaji Agbede, the acting Group CEO of Access Holdings, was granted 2.216 million shares at N17.95 per share, further solidifying his stake in the company’s success.

This move by Access Holdings Plc comes amidst a dynamic economic landscape, where organizations are strategically positioning themselves to navigate challenges and capitalize on emerging opportunities.

By incentivizing its directors through share vesting, the company aims to foster a sense of ownership and accountability while motivating top talent to drive innovation and sustainable growth.

The share vesting scheme not only rewards directors for their past contributions but also incentivizes them to remain committed to the company’s long-term vision.

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Loans

Ghana’s $20 Billion Debt Restructuring Hangs in the Balance Amid LGBTQ Legal Challenge

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Ghana's Parliament

Ghana’s Supreme Court is set to commence hearings on a case that threatens the country’s $20 billion debt restructuring deal while simultaneously testing the World Bank’s commitment to LGBTQ rights support.

At the heart of the legal battle is a challenge to legislation that seeks to criminalize LGBTQ identities in Ghana.

The contentious law not only proposes severe penalties for individuals identifying as LGBTQ but also threatens punishment for those who fail to report individuals to the authorities, including family members, co-workers, and teachers.

If the Supreme Court upholds the legislation, Ghana risks not only perpetuating discrimination but also jeopardizing crucial financial support from international institutions, including the World Bank.

The implications extend beyond Ghana’s borders, potentially setting a precedent for how the World Bank engages with issues of LGBTQ rights and human rights more broadly across the globe.

The stakes are high for Ghana’s economy, which has been grappling with a heavy debt burden. The leaked memo from the finance ministry in April warned that endorsing the legislation could endanger approximately $3.8 billion of World Bank funding over the next five to six years.

Furthermore, it could derail a $3 billion bailout program from the International Monetary Fund (IMF) and hamper efforts to restructure the country’s $20 billion of external liabilities.

The legal challenge comes amidst a broader debate about the balance between national sovereignty, international lending standards, and human rights. The World Bank, a significant source of development finance for Ghana, finds itself caught in a delicate position.

While it has historically emphasized non-discrimination and social standards in its lending practices, it also faces pressure to respect the sovereignty of the countries it engages with.

Ghana’s debt restructuring and economic recovery efforts hinge on continued support from international financial institutions like the World Bank and the IMF.

However, the outcome of the Supreme Court case could complicate these efforts, potentially leading to a withdrawal of financial assistance and further economic instability.

The situation underscores the complexities of navigating the intersection of economic development, human rights, and national sovereignty.

As Ghana’s Supreme Court prepares to hear arguments on the LGBTQ legislation, the outcome of the case remains uncertain, leaving both advocates for LGBTQ rights and supporters of Ghana’s debt restructuring deal anxiously awaiting a decision that could shape the country’s future trajectory.

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