Singapore Prime Minister, Lee Kuan Yew, said there were two options for me : *Either I get corrupted and I put my family in the Forbes list

*The Choices That We Make*

Singapore Prime Minister, Lee Kuan Yew, said there were two options for me :

*Either I get corrupted and I put my family in the Forbes list of the richest people in the world* and leave my people with nothing.

OR

*I serve my country, my people and let my country be in the list of the best ten economies in the world.*

I chose the second option.

*The ATIKULOOTERS said, “there were two options for us too, but the second option was already taken by the Singapore Prime Minister”*.

Very Unfortunate Indeed. ATIKULOOTED ?

Based on research, this puzzle over PMB certificate gets clearer.

It’s a pity that many Nigerians can no longer reason having been blinded or delusion with ethno-religious sentiment and hatred. While they spend fortune on data to upload or download fake materials, posting and sharing unverified posts, less attention is given to research.

I have read many comments on PMB recently acquired WAEC certificate and I can only conclude that many are actually educated but illiterate, walloping in their high level of ignorance while wailing in the ocean of bitterness and hatred thereby alluding it to hunger and poverty in the land.

CLUE FROM YARADUA’S BOOK

A LIFE OF SERVICE is a book from Late Musa Yardua.

A life of service ‘ pg 27 late shehu yardua mentioned Buhari as his classmate

Here’s a class photo from Shehu Yaradua’s biography, called “Shehu Musa Yar’adua: A life of service”.

FAQ ON PMB CERTIFICATE

You may need to ask the following salient questions concerning the certification after which your eyes of understanding may be opened with the answers provided below, thereby making you to discuss intelligently with wisdom irrespective of your political lineage or belief

1. Is it possible to get another certificate to replace the lost one?

Answer : No

2. How come that WAEC presented another certificate to PMB?

Answer:

WAEC never presented

another certificate to PMB but Attestation based on request.

3. What is the difference between attestation and certificate or Why Attestation instead of certificate?

Answer:

Attestation is a validity of any result upon which a certificate can be issued or has been issued.

4. What happened to PMB original WAEC result?

Answer : Ask the Army headquarter ( IBB)

5. Why should WAEC issue him with attestation? Is it because he is the president?

Answer :

WAEC can issue anyone with attestation irrespective of the person background upon request by the individual and backed up with a police report and court affidavit.

6. How come the certificate looked new with recently taken passport photograph as displayed on the PMB WAEC CERTIFICATE?

Answer :

What was issued is not certificate but attestation which normally comes with an embossed recently taken passport photograph in accordance with the WAEC rules and regulations that guide the conduct of their examination and issuance of attestation which is most often referred to as CONFIRMATION OF RESULTS.

COMMENTARY

1. July 1961 sat the military recruitment exams and passed;

2. December 1961, presumably sat UCLES WASC exams;

3. April 1962 enrolled for 6mnths training at military school Kaduna

4. October 1962 completed 6mnths training at the military school Kaduna

5. October 1962 proceeded to Aldershot UK for 1 year officer training

“6. June 1962 UCLES released result of December 1961 WASC Exams

Gleaned from the net, UCLES conducted its WASC exams in December to avoid the July Oxford exams”

So, it’s clear that PMB joined the army in April 1962 when he was still expecting his WASC result

I believe that with this enlightenment, many will stop making mockery of their ignorance.

Thank you.

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THE 2019 PRESIDENTIAL ELECTION: CHARACTER VERSUS CERTIFICATE: A JOKE TOO FAR

In recent weeks the political train of deceit appeared to have regained some steam in a renewed ruse to make certificate of Mr President the bottom line of 2019 Presidential election. Permit me to admit that certification of classroom tutoring is the standard testimonial of its attendance but at the same time, it is only the mischievous political kindergartians that will think that political diatribe has anything to do with it. In her analysis of the critical attributes of leadership in the book: Not For The Faint of the Heart: A Lesson in Courage, Power and Persistence, Wendy Sherman has concluded that Courage and Integrity are critical attributes that you cannot acquire from the classroom because they are the inert fabrics of human conscience that dictates the power of the negative and power of the positive.

The truth is, I could not agree any better because at the end of the day, those critical attributes are the building blocks of the sincerity of purpose of political leadership. The tragedy of Nigeria as a Country is that for decades now our corrupt and inept electoral system and institutions of governance have only managed to produce certificate leaders rather than character leaders. I mean leaders whose exemplary leadership has been legendary in inspiring the next generation of leaders on ethos of governance and responsibility, I mean, leaders who are no longer celebrated as community treasures but rather revered as national assets, I mean leaders whose nationalism has conquered clan loyalties and ethnic patriotism.

It is sinically despicable that President Muhammadu Buhari, a Gen. of the Nigerian Army, a former Head of State whose honour, integrity and exceptional culture of universal humanity has become an international reference point could be slandered in a desperately dubious game of School Certificate ridicule. I even heard that the choreographed political racism by the PDP’s social media war machine has alleged that you cannot speak English, well, I am wondering when poetry of English-language and the arrogance of ethnic inheritance of it become the index for evaluating the quality and sincerity of political leadership? The truth is that, throughout history great empires that ruled the world at different stages of human civilisation did not have fraternity of English Language; the Mongols, the Othman, the Japanese, the Germans, the Russians and now the Chinese recolonizing the entire planet without English Language.

Dear Mr President, loose no sleep, speak no English, have no certificate, it doesn’t matter, that was not why we elected you, Nigerians elected you to liberate them from the colonialism of PDP whose pedigree in official corruption knew no bounds, we elected you to dismantle the architecture of stupendous State impunity, to restore hope from fatelism of absolute despair, in short, we elected you to pull the Country from the brinks and you did just that against all odds.

The truth is, the oil sheikhs of our criminal economy have regrouped for a political vengeance but be assured that the Nigerian electorates are wiser, sophisticated and ready. At the end of the day, the 2019 general election will not be decided on the gaffe of poetry of deception but rather on the strength of character and the integrity of example.

ONCE AGAIN, SPEAK NO ENGLISH, HAVE NO CERTIFICATE, IT DOESN’T MATTER.

By Professor Shehu A. Zuru

Pro Chancellor, Peroleum University

The hues and cries over his eligibility having failed to publicly present his WAEC certificate was needless.

Section 131, of the 1999 Constitution provided that a person is qualified for election to the office of President if

He is a citizen of Nigeria;

He has attained the age of forty years;

He is a member of a political party and he is sponsored by that political party;

He has been educated up to at least School Certificate level or its equivalent.”

Clearly, Gen Buhari has met all the above requirements.

“Under and by virtue of section 318 (1) of the Constitution: “School Certificate or its equivalent” means-

(a) A Secondary School Certificate or its equivalent, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or

(b) Education up to Secondary School Certificate level; or

(c) Primary Six School Leaving Certificate or its equivalent and-

i. service in the public or private sector in the Federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of ten years, and

ii. attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission for periods totalling up to a minimum of one year, and

iii. the ability to read, write, understand and communicate in the English language to the satisfaction of the Independent National Electoral Commission, and

(d) Any other qualification acceptable by the Independent National Electoral Commission.”

Anybody who can read, write and communicate in English, who has attended military courses, who has served in the public service of the Federation or even in the Army, is eminently qualified to aspire to be elected as President of Nigeria.

With the rank of Maj-Gen, it clearly indicates that he’s educated and qualified

The debate is thus unnecessary. Let’s discuss serious issues

Development Bank of Nigeria (DBN)…

DBN (Development Bank of Nigeria)

Development Bank of Nigeria (DBN) was conceived by the Federal Government of Nigeria in collaboration with the World Bank, African Development Bank, German Development Bank (KfW), French Agency for Development and European Investment Bank to address.

DBN was established to bridge the gaps created by Bank of Industry (BOI) and the commercial banks that could not satisfy the funding needs of the MSME ( Micro, Small, Medium Enterprise). DBN introduction is meant to enhance Private Investment activities.

The Ministry of Finance stated that about 20,000 beneficiaries will be given loan during it’s first year of operations

Development Bank of Nigeria exists to alleviate financing constraints faced by Micro, Small and Medium Scale Enterprises (MSMEs) and small corporate in Nigeria through providing financing, partial credit guarantees and technical assistance to eligible financial intermediaries on a market-conforming and fully financially sustainable basis.

The Development Bank of Nigeria (DBN) was set up as a wholesale development finance institution (DFI) to provide sustainable financing through eligible Participating Financial Institutions (PFIs), who would in turn, lend to end-borrowers – Micro, Small and Medium Enterprises (MSMEs) for the development of that segment….

Who qualifies for the DBN loan?

All MSMEs (start up or existing) involved in productive enterprises are eligible for the loan. However, they must be customers of eligible financial institutions.

Loan Repayments and interest rate

DBN loan repayment tenure is flexible (up to 10 years with a moratorium period of up to 18 months) and the interest rates are on a market-conforming and fully financially sustainable basis. (should you have any issues with your PFI, kindly send feedback to the email ID at the end of this piece).

How to get a DBN Loan

DBN loans can be accessed through PFIs, which include Commercial Banks, Microfinance Banks, Development Finance Institutions (DFIs) and other Financial Institutions.

To access the loan:

1. Visit your bank:

Commercial Bank, Microfinance Bank, Development Finance Institution (DFI) and other Financial Institutions and indicate you want to apply for a DBN Loan.

2. The Bank appraises the business and loan purpose, and if its assessment is favourable, the Bank applies to DBN on your behalf for funding.

3. If DBN approves the loan, DBN will disburse to the Bank for on-lending to end borrowers.

You can access the DBN loan through any of these PFIs by contacting any of the banks listed below:

DiamondBank Olc

Ayodele Olojede – aolojede@diamondbank.com

Ecobank Nigeria Bank Plc

Nelson Paseda – NPASEDA@ecobank.com

LAWAL Theresa – TOLAWAL@ecobank.

Fidelity Bank Plc

Osaigbovo Omorogbe – osaigbovo.omorogbe@fidelitybank.ng

FCMB Ltd

Oluwaseun Adetiba – Oluwaseun.Adetiba@fcmb.com

Oluremi Agboola – Oluremi.Agboola@fcmb.com

UBA Plc

Adegoke Bayo – bayo.adegoke@ubagroup.com

Wema Bank Plc

Dotun Ifebogun – dotun.ifebogun@wemabank.com

AB Microfinance Bank Nigeria Ltd

Nnadozie Joseph – nnadozie.ohaji@ab-mfbnigeria.com

Addosser Microfinance Bank

Olusola Howells – howells.olusola@addosser.com

Baobab Microfinance Bank

Achenyo Oyibo – aoyibo@baobab.bz

Bosak Microfinance Bank

Toyin Peters – toyinpeters@bosakmfb.com

Infinity Microfinance Bank Ltd

Oludotun Adewunmi – g.adewunmi@infinitymfb.com

LAPO Microfinance Bank Ltd

Efosa Aigbe – efosa.aigbe@lapo-nigeria.org

Microcred Microfinance Bank Nigeria Ltd

Omar Niaz – oniaz@microcred.com

NPF Microfinance Bank Plc

Jude Ohanehi – jeco0072000@yahoo.co.uk

Quick Contact

Our support is available to you.

8am – 5pm, Monday – Friday

Head Office:

The Clan Place,

Plot 1386A Tigris Crescent, Maitama, Abuja, Nigeria

Lagos Office:

Plot 952/953 Idejo Street,

Victoria Island, Lagos, Nigeria

Call: +234-9-904-0000, +234-811-3841-699

Email: info@devbankng.com

Bank of Industry (BOI) Graduate Entrepreneurship Fund (GEF) 2015 Call for Entries

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Ajuwaya! If you could recall, on October 5, 2015, The Graduate Entrepreneurship Fund (GEF) was launched.

The Graduate Entrepreneurship Fund (GEF) is a special N2 billion empowerment programme for serving members of the National Youth Service Corps (NYSC). This novel schemes which is a joint initiative of the Bank of Industry (BOI) and the National Youth Service Corps (NYSC), was aimed at the following objectives:

To encourage graduates of tertiary institutions currently undergoing the compulsory one-year NYSC programme, to venture into business and become employers of labour rather than job seekers.

To address the entrepreneurship capacity gap o the NYSC members who are expected to produce bankable business plans after a three-day capacity building programme 

To deepen financial inclusion by de-risking the NYSC members and making them eligible for concessional loans ranging between N500,000 and N2 million to be provided by BOI

To ensure sustainability of the businesses of the eventual loan beneficiaries through effective monitoring by the NYSC Directorate and BOI

The GEF Programme comprises the following activities:

Online Business Plan Competition to select the most promising real sector business ideas,

Selection/screening of participants per above shall be done via the GEF online application portal.

Three days intensive entrepreneurship capacity building programme

Loan amount of up to N2 million to be provided to each successful participant with bankable business plans within BOI’s 35 SME clusters (list at BOI’s website: www.boi.ng) at an interest rate of 9% per annum, with tenors ranging from 3-5 years inclusive of 6 – 12 months moratorium period.

The capacity building programme is scheduled to hold simultaneously at the following venues:

 

S/N Geo-Political Zone NYSC Camp Location
1 South South Former Martins TIC, Issele-Uku, Aniocha North L.G.A, Delta State.
2 South East Umunna, Bende L.G.A, Abia State.
3 South West Aisu College Hospital Road, Ede, Osun State.
4 North East Government College, Jalingo, Taraba State.
5 North Central Mangu, Plateau State.
6 North West Main Road, Katsina, Katsina State.
7 Lagos Iyana Ipaja, Agege, Lagos State.

 

NOTE: The Entrepreneurship Capacity Building Programme will take place at the above stated centres between 18th – 20th November, 2015.

Interested serving NYSC members are hereby requested to apply online immediately through http://www.boi.ng/gef/

[plulz_social_like width="350" send="false" font="arial" action="like" layout="standard" faces="false" ]Application Closing Date

3rd November, 2015.

 

 

 

 

 

Nigeria plans $25bn investment fund to stave off recession and the underlying opportunities to Nigerians.

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CBN’s EARLIER WARNING ON IMPENDING RECESSION IN 2016

The Central Bank of Nigeria (CBN) on September 22, 2015 at a Monetary Policy Committee (MPC) meeting in Abuja present a warning on the economy: with “two consecutive quarters of slow growth, the economy could slip into recession in 2016 if proactive steps are not taken to revive growth in key sectors of the economy.”

In the face of the prevailing circumstances, the MPC advocated that a “synergy between monetary and fiscal policies remains the most potent option to sustainable growth.”

FEDERAL GOVERNMENT RECENT REACTION TO THE CBN’S WARNING

The federal government is planning to create a $25 billion fund through public and private sector financing with the aim of tackling infrastructure decay and to avoiding a recession. The special fund will be an intervention fund to fall back on during economic recession

“We think that the way out of this, what some have described as an impending recession, is actually to spend rather than to cut back in any way,”  – VP Yemi Osibajo In an interview with Bloomberg on Tuesday 20 October, 2015.

The investment fund will be targeted toward improving power supply, roads, rail and agriculture.

Osinbajo said that the federal government plans to create jobs and conserve foreign exchange by making Nigeria self-sufficient in rice production in 24 months.

“A lot of those projects will be bankable projects, because we’re looking at projects that will interest private sector investors as well, but they are strategic for us,” Osinbajo said

Osinbajo said he understands that portfolio investors aren’t pleased about the trading restrictions on the currency, which have led to a slowdown in capital market inflows and on the other side, the government is “mindful that we maintain foreign-exchange reserves so at least that we are able to keep investor confidence high, especially direct investment,” he said.

OPPORTUNITIES FROM THE PLAN $25b  SPECIAL FUND

Clearly from the federal government reaction to the CBN warning per above, the federal government rejected the SYNERGY call between the fiscal and monetary policy as the Federal Government is set to spend heavily rather than cutting back. The projection therefore is that in the coming year 2016, Adesanya & Partners (Chartered Accountants) expect business boom in the following areas:

  1. Agriculture (second GDP generator to the foreign reserve)
  2. Construction business vis-à-vis Railway construction and improvement
  3. Power supply
  4. Suppliers of raw materials and inputs to the 3 above businesses.

Therefore entrepreneur are expected to commence preparation of their budget towards such opportunities

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Kuforiji-Olubi Bags Jail Term In London …Jailed Son On The Run

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There is a powerful Yoruba mantra that says “May our old age be more auspicious than our beginnings”. This aphorism would definitely apply to the mess that our revered Chief of Ijebu and Egba descent, Chief Mrs. Bola Kuforiji-Olubi, has now enmeshed herself in. This Amazon is, without doubt, the most successful and accomplished woman that Nigeria has ever produced. She is a chief of Ijebuland and Egba Kingdom. She was President of the Institute of Chartered Accountants of Nigeria (ICAN), Chairman of the second largest bank in Nigeria, the United Bank for Africa (UBA Plc), Chairman of British Engineering Company, BEWAC, Chairman of French building materials supply conglomerate, EQUIP, Nigeria’s federal Minister of Commerce and Industry and many other accolades. She is very well blessed and successful in her travails through life.

She had studied Accountancy in England and got to know many Lagosians and Nigerians including Grammarians, Chief Ernest Shonekan, Nigeria’s former Head of State, Dr. Yemisi Kuforiji, past Chairman of Yoruba Tennis Club, Mr. S. Babashola Joseph, leading legal practitioner, octogenarian, member of the Yoruba Tennis Club and father of Mr. Babaseyi Joseph, current Chairman of the Yoruba Tennis Club. She passed her accountancy exams in the UK with flying colours and met other great Nigerian Chartered Accountants to be like Prince of Ijebu- Ode, Supo Adetona, Chief Tunde Anjous, Aremo Fola Awobo-Pearse and others. She also met a cousin of octogenarian, Dr. Yemisi Kuforiji, Soji Kuforiji whom she married and bore three children for.

 

As life is not always a bed of roses, she had separated from the father of her children who is late, but she kept the Kuforiji name in the interest of her children and as, indeed, she is legally entitled to so do. She later met dashing and youthful-looking Chief Daniel Adeyanju Olubi who was an administrative manager in one of the companies she held sway in, married him and, in her most popular and successful days, became known as Chief Mrs. Bola Kuforiji-Olubi. Her husband, Yanju, a good friend of late Chairman of the Yoruba Tennis Club and leading architect of his time, Kingsonian, Arc. John Seyton Macgregor (AKA JSK) of the iconic and dynastic Lagos Macgregor family who took immensely to him and enhanced Olubi’s initiation into the Yoruba Tennis Club.

 

Mrs Bola Kuforiji-Olubi later separated from Chief Olubi and has been living a happy retired life caring for her children, Tokunbo and Joke and their children in her massive riverside mansion on Marine Road Apapa while surrendering the management of her real estate holdings to her children and taking occasional vacations and health check travels to her London millionaires row residence on Philimore Gardens, Willesden near the Nigerian Ports Authority (NPA) houses, the Asemotas dwelling on Manor House Drive, the Mike Adenuga, the Dangote and Fola Ogunlesi residences on Willesden Lane, NW London.

 

It has therefore come not only as a surprise but also as a thundering shock to hear that this lady of such high integrity is now languishing in the notorious Holloway women’s prison in London, England. This social media site was absolutely incredulous and gob smacked to learn that this dignified woman would in her approach to octogenarianism be now irked in such a maelstrom of depravity.

 

In a nutshell: She was involved in a business venture with three international companies in Nigeria. A business disagreement occurred between her, the two oil and gas companies and another international oil company (IOC). The original business agreement provided for arbitration on any disagreement to be settled in City of London, under English law, especially as Mrs Olubi, the Chairman of the company and her son, Olutokunbo Afolabi Kuforiji, a Director of the company, are British citizens. The matter was taken before an English judge who ruled that a sum of USD19m in dispute should be paid by the IOC to the British company and a letter directing the IOC to so do be effected by Mrs. Olubi’s company.

 

Mrs. Olubi reverted to a Nigerian court, which failed to give a ruling on the matter (typical of procrastination and prevarication by Nigerian courts) even though the IOC offered to pay the amount in dispute to the court pending final judgment.

English court disagreed with intervention by Nigerian court as the agreement provided for arbitration in London and ordered Mrs. Olubi to direct the writing of the English court ordered directive.

Mrs. Olubi resorted to another Nigerian court and attempted to obtain another ruling. The English court ordered Mrs. Olubi to appear in court and comply with its ruling or face contempt of court.

 

Mrs. Olubi appeared in court and attempted to recuse herself from proceedings averring that she had resigned as Chairman of the defendant company as she had handed over the baton to her son, Tokunbo. The Judge, Justice Burton of the Commercial Division of the High Court of Justice Queens Branch Division, again admonished her and gave her a final warning that he was cognizant and considerate of her stature and age and thus gave her a last chance for her and her son to comply with the court ruling and purge herself of the seeming contempt.

Mrs. Olubi subsequently departed the shores of the UK and could not be found in her London residence.

Quite a few months later, when the Judge learnt of her presence in London, he issued a warrant for her arrest.

 

Mrs. Olubi refused to attend court stressing that she was very ill, on a wheelchair and only able to leave her house for medical appointments. The applicant in the case utilised the ploy usually associated with tracking of social security cheats who pretend to be disabled and are photographed the next day playing football. They set up a team to monitor Mrs Olubi’s movement and photographed her a few days later shopping gaily on London most famous Oxford Street.

When this photographic evidence was produced as evidence to the English Judge, he ordered the immediate arrest of the Madam. The Judge consequently sent her to the infamous Holloway Women Prison in North London where she is serving a one-month sentence for contempt of court.

Holloway Prison is reputed to be mostly occupied by Nigerian women fraud convicts (many called Alhaja Holloway) and the prison is irreputable for vice, vile, prostitution, molestation and Lesbianism.

 

The Judge also convicted and sentenced Mrs. Bola Kuforiji-Olubi’s son, Mr Olutokunbo Kuforiji, to four months imprisonment, albeit in absentia. He is likely to join ex-Governor James Ibori in SW London Brixton Prison where porridge is the most common and savoury item on the menu.

Tokunbo Kuforiji is on the run and has been declared wanted while his mother, Chief Mrs. Bola Kuforiji-Olubi languishes in the roach-infested Holloway Women Prison at the pleasure of Her Majesty, the Queen of England.

What is unknown is whether failure to comply with the court ruling may warrant a continuous sentencing and whether the amount of £300, 000 costs awarded against her may lead to the sale by auction of her London property.

 

How the mighty are falling! How can this happen to such an eminent personality? In the UK, the law is no respecter of persons but we think the Nigerian High Commission, on behalf of the government of Nigeria, should have taken diplomatic steps to sort out this matter. We hasten to add that it is strongly believed that Mrs. Olubi had utilized the Nigerian Immigration Services to deport the complainant in the matter from Nigeria although an equally reputable and powerful Nigerian oil and gas conglomerate is standing firmly behind that foreign company and that the expatriate deportees are back in the country transacting business in the oil and gas industry.

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EFFECT OF THE AMMENDED PENSION REFORM ACT 2014 (PRA 2014) AND IT’S EFFECT ON EMPOYER AND EMPLOYEES.

On July 1, 2014, President Goodluck Jonathan signed into law the New Pension Reform Act 2014 (PRA 2014) after 10 years performance of the old Pension Reform Act of 2004. The new law repeals the 2004 Pension Reform Act No. 2 and prescribes a 10-year jail term for pension thieves.

The Act does not specify a commencement date, however, Section 2 of the Interpretation Act CAP I23 of LFN 2010 stipulates that, where no date of commencement is contained in an Act, the commencement day shall be the day the Act was passed or signed into law. Therefore, the commencement date of the new Pension Act is 1st July, 2014.

The changes in the old pension Reform Act 2004, was aim to streamline the savings of funds towards retirement and the provision of funds after retirement, including availability of funds for the surviving beneficiaries of deceased employees whilst in service and retirees under the pension scheme within the guaranteed period.

  • The key highlights and salient point of the new Pension Act are detailed below:Minimum number of staff requirement for employer to take part in pension scheme has been increased to 15 from 5 employees as stipulated under the 2004 Act.
  • Section 8(1) of the New Act exclude/exempt employees that is 3 years or less to retirement from participating in the pension      scheme.
  • Minimum contribution from employer has been increased from 7.5% to 10%. The minimum level of contribution from employee was also increased from 7.5% to 8%. This means the two rate is no longer equal. TNew-Pension-Reform-Act-2014he greatest impact is the base upon which the monthly contribution is to be calculated. The definition of ‘monthly emoluments’ has been expanded to mean the total emolument as defined in the employee’s contract of employment provided it is not less than the total of the employee’s basic salary, housing and transport allowance.
  •  Group life policy’s benefit is now allowed to be paid to a name beneficiary of employee upon his death. In the Old Act (Act 2004), Group life policy’s benefits are paid into a deceased employee’s Retirement Savings Account (RSA) which makes it difficult for beneficiaries to access. Consequently, employers are required to ensure that their employees avail the insurer with the list of their beneficiaries to receive the proceeds of their company’s Group Life Policy under which insurance has been taken out for their lives whilst in service.
  •  Voluntary contributions that is withdrawn within five years are taxable in the hands of the employee
  •  The 2014 Act also empowers PenCom, subject to the fiat of the Attorney General of the Federation, to institute criminal proceedings against employers who persistently fail to deduct and/or remit pension contributions of their employees within the stipulated time.
  •  In the event of loss of jobs (where an employee disengages from employment or is disengaged), the new Act reduces the waiting period for accessing benefits from six months to four.
  •  The Pension Reform Act 2014 makes provision that would compel an employer to open a Temporary Retirement Savings Account, TRSA, on behalf of an employee that failed to open an RSA within three months of assumption of duty.
  •  The Act also allows an employer to pay additional payments benefits to employee upon retirement OR can elect to take full responsibility of the contribution (that is, bears the total pension contributions of its employees). In that case, the Contribution shall not be less than 20% of the employee’s monthly emolument.

 OTHER AREAS MAINTAINED BY THE NEW ACT 2014 AS CONTAINED IN THE OLD ACT 2004

  • Employers are required to take up Group Life Insurance policy on behalf of their employees for a minimum of three times the annual total emolument of the employee.
  • Employee is free to utilize the amount on their RSA for either programmed withdrawal or to purchase an annuity from an insurance company.
  • The ACT still allows employer with less than the minimum staff requirement (prescriptive 3 employees) and self-employed persons to participate in the pension scheme under separate guidelines issued by PenCom. However, the Act is silent on the applicability of the Scheme to private organizations with more than 3 but less than 15 employees.
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Court stops FRCN from regulating Private Companies

The Federal High Court (“FHC”)  in Lagos on Friday, 21 March 2014 ruled in a case between Eko Hotels Limited and the Financial Reporting Council of Nigeria (“FRCN”) and held that the Financial Reporting Council of Nigeria (FRCN) lacked the statutory powers to regulate the activities of private firms in Nigeria. The FHC decided that under the FRCN Act, the FRCN cannot enlarge its regulatory powers to regulate private companies.

The main issues raised by Eko Hotels for determination by the FHC were:

  • Whether Eko Hotels is required to register with the FRCN under the FRCN Act 2011
  • Whether Eko Hotels is liable to pay the statutory and renewable annual dues to the FRCN for 2011 and 2012.
  • Whether Eko Hotels is required to furnish the FRCN with evidence of its statutory filing with the Corporate Affairs Commission and the Federal Inland Revenue Service.
  • Whether the FRCN could penalise it for failure to submit the annual returns and statements.

Eko Hotels sought a declaration from the court that the FRCN’s demand for registration was unlawful on the basis that Eko Hotels is not a public company or a public interest entity. It further sought the FHC to declare that the FRCN lacked the statutory power to demand for annual returns and financial statements of a private limited liability company among others.

Position of the FRCN: 

FRCN’s position was that Eko Hotels was expected to routinely file returns not only with the CAC or the FIRS but also with the Tourism Development Corporation (being the regulatory body responsible for the registration, classification and grading of all hospitality and tourism enterprises in Nigeria). The FRCN Act defines a public interest entity to include ‘unquoted’ entities which file returns with regulators other than the FIRS and the CAC. The FRCN also stated that one of the requirements for Eko Hotels to file its routine returns with the CAC was evidence of payment of its annual dues to FRCN.

Justice Okon Abang, who handed down the verdict, equally ruled that the FRCN lacked the legal backing to impose statutory renewal dues on private companies in Nigeria.

Justice Abang arrived at the conclusions while delivering judgment in a suit filed by Eko Hotels Limited, challenging the legality of an attempt by the FRCN to regulate its financial activities.

FRCN had written a letter to Eko Hotels Limited requesting registration and payment of statutory renewal dues. The FRCN had also requested the plaintiff (Eko Hotels Limited) to furnish it with evidence of statutory filings of annual report, financial report and statements at the Corporate Affairs Commission (CAC) and the Federal Inland Revenue Service (FIRS).

But in his judgment, Justice Abang held that from the careful interpretation of the Financial Reporting Council of Nigeria Act, there was no provision that empowers the agency to exercise disciplinary control over a private company.

“The section relied upon by the defendant (FRCN) relates only to an employee of the plaintiff and not the plaintiff as a corporate entity.
“The plaintiff is a private company and the shares are not quoted on the floor of the Nigerian Stock Exchange. By the clear provision of the FRCN Act, the plaintiff is exempted.

“The defendant (FRCN) can only regulate publicly-quoted companies and public interest entity. “Where a statute does not empower a statutory body to do certain things, such body cannot so act,” Justice Abang ruled.

The court thereafter nullified the letter written by FRCN to the plaintiff, and also awarded N40,000 as cost in favour of the plaintiff (EKO Hotel) against the defendant.

CONCLUSION THAT COULD BE DRAWN FROM THIS COURT JUDGEMENT

This decision reiterates the scope of the FRCN’s authority in regulating companies in general in line with the provision of the enabling statute being the FRCN Act 2011. Based on the judgment, the FRCN does not have oversight functions over private companies. Attempts by the FRCN to bring a wider range of companies under its scrutiny and guidance are therefore open to challenge by any affected company on the basis of this decision.

The judgment suggests that the rules imposed in some industries requiring players in the industry to submit certain documentation or to pay certain registration fees does not translate to “filing of returns” as contemplated by the Act. Furthermore the mere fact that a company is popularly known to the public due to the nature of its services does not automatically make it a public interest entity.

On the basis of this judgment, private companies who only file returns routinely with the CAC and FIRS can carry on their business activities without the additional administrative burden of registration or payment of fees to the FRCN.

However, the Financial Reporting Council of Nigeria (FRC) has appealed  the verdict of the Lagos Federal High Court which restrained its powers to register and regulate companies in the country. The FRC also contended that the judgment did not take cognisance of the provisions of Section 77 of the FRC Act which defines a public interest entity as Governments, government organisations, quoted and unquoted companies and all other organisations which are required by law to file returns with regulatory authorities and this excludes private companies that routinely file returns only with the Corporate Affairs Commission and the Federal Inland Revenue Service.”

I shall keep you posted on the APPEAL DECISION.