Category: Publications

01 Apr 2020

COVID-19: POLICY MEASURES BY NIGERIA’S CENTRAL BANK

The devastating impact of COVID-19, also known as the corona virus, on the world’s economy is without doubt.

The sporadic spread of the virus, across international borders prompted – rightly so – the ban on international and in many cases domestic air travel. Asides the evident strain on the health care and pharmaceutical supply chain industries we have seen, almost immediately, a devastating free fall in the revenue stream of airlines and stake holders in the aviation and travel and tourism industry.

The knock-on effect of this and other measures (stay at home orders etc.) to manage the pandemic is likely to cripple most sectors of the economy, particularly small and medium scale enterprises.

In Nigeria the export of crude oil represents the country’s main source of revenue. The sharp drop in the demand for oil products – resulting from the pandemic and coupled with the recent crude oil pricing crisis – has led to a terrifying decline in Nigeria’s export revenue. Therefore, the immediate introduction and implementation of appropriate fiscal policy buffers are crucial.

 

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12 Feb 2020
USA

A REVIEW OF THE IMPLICATIONS OF THE TRAVEL BAN IMPOSED ON NIGERIA BY THE UNITED STATES OF AMERICA

The United States of America (USA) recently imposed a travel ban on Nigeria by expanding the list of countries restricted from obtaining certain types of visas. The ban takes effect on February 21, 2020.

Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan and Tanzania were added to the initial list of seven countries under the travel ban on account of certain deficiencies that position them as countries that pose a high degree of security risk to the USA.

Nigeria’s inclusion on the list was met with great surprise particularly in light of the moves made to promote mutually beneficial trade and commercial ties between African countries and the USA.[1] The USA is one of Nigeria’s main trading partners and has remained an ally of the USA in the fight against terrorism.

The following was cited as the reason for Nigeria’s inclusion on the list:

“Nigeria does not comply with the established identity-management and information-sharing criteria assessed by the performance metrics.  Nigeria does not adequately share public-safety and terrorism-related information, which is necessary for the protection of the national security and public safety of the United States.  Nigeria also presents a high risk, relative to other countries in the world, of terrorist travel to the United States.  Nigeria is an important strategic partner in the global fight against terrorism, and the United States continues to engage with Nigeria on these and other issues.  The Department of State has provided significant assistance to Nigeria as it modernizes its border management capabilities, and the Government of Nigeria recognizes the importance of improving its information sharing with the United States.  Nevertheless, these investments have not yet resulted in sufficient improvements in Nigeria’s information sharing with the United States for border and immigration screening and vetting.”

From the foregoing, the USA has expressed its concerns over Nigeria’s non-compliance with information sharing practices and the possibility of the export of terrorism into the country.

Level of restriction and its implications

The level of restriction to be faced by Nigerian visa applicants was stated in the Proclamation as follows:

“The entry into the United States of nationals of Nigeria as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended.”

A proper understanding of this shows that Nigerian nationals are still permitted to apply for visas under non-immigrant visa categories. Therefore, the ban does not apply to those who intend to visit the USA for business, leisure (tourism), education and temporary work.

However, Nigerians seeking to permanently emigrate to the USA will be affected by this ban. This means that green cards cannot be obtained for the purpose of family reunification and employment. Its application is limited to those who are outside the USA on the effective date of the proclamation. It also applies to those who do not have a valid visa on the effective date of the proclamation and do not qualify for a visa or other valid travel document. This means that the ban does not apply to those who are already in the USA and to Special Immigrants whose eligibility is based on having provided assistance to the United States Government.

Exceptions and Waivers

Section 3(b) of Proclamation 9645 provides for exceptions to the applicability of the ban. Under the Proclamation, the following people are exempted:

  1. Any lawful permanent resident of the USA;
  2. Any foreign national who is admitted to or paroled into the USA on or after the applicable effective date;
  3. Any foreign national who has a document other than a visa – such as a transportation letter, an appropriate boarding foil, or an advance parole document – valid on the applicable effective date or issued on any date thereafter, that permits him or her to travel to the USA and seek entry or admission;
  4. Dual nationals who are not travelling on a passport issued by a country covered by the restriction;
  5. Any foreign national travelling on a diplomatic or diplomatic-type visa and the like;
  6. Any foreign national who has been granted asylum by the USA; any refugee already admitted to the USA; or any individual who has been granted withholding of removal, advance parole or protection under the Convention Against Torture.

An application for a waiver of the ban can be sought and such applications would be assessed on an individual basis. Such waivers are granted at the discretion of the consular officer or Customs and Border Protection (CBP) official.

In order for a waiver to be granted, the applicant must prove the following to the satisfaction of the consular officer or CBP official:

  1. Denial of entry would cause undue hardship;
  2. Entry would not pose a threat to the national security or public safety of the USA; and
  3. Entry would be in the national interest.[2]

 

Remarks

In 2018, the USA issued 7922 immigrant visas to Nigerians and Nigerian immigrants to the USA have made their mark by being among the most educated immigrants in the country.[3] There are indications that the travel ban can be lifted if Nigeria effectively addresses the security issues raised by the USA. The Nigerian government has already pledged to work with the USA to ensure the proper implementation of all the updates necessary to address these issues.[4]

 

For more information, contact:

GRF Dalley & Partners

Lagos Office:
Gabsdall House (2nd – 4th Floor)
26, Igbosere Road

Port Harcourt Office:
13, Finima Street,
Old G.R.A.

Tel: +23414549824
Fax: +4420 8929 0855
Email: inq@grfdalleyandpartners.com
Website: www.grfdalleyandpartners.com

Follow us on social media:
Twitter: @GRFDALLEY
LinkedIn: /grfdalleyandpartners

 

 

[1] https://www.cgdev.org/blog/prosper-africa-promises-double-two-way-trade-and-investment-between-us-and-africa

[2] Section 3(c) of Proclamation 9645

[3] https://www.nytimes.com/2020/02/02/world/africa/trump-travel-ban.html

[4] https://time.com/5776026/us-nigeria-visa-restrictions/

31 Jan 2020
Effect of Brexit on Africa

BREXIT: WHAT IMPACT WILL IT HAVE ON AFRICA?

Background:

The United Kingdom’s relationship with Africa has its beginnings in the pre-colonial era. The Scramble for Africa between 1881 and 1914 resulted in the division of Africa amongst the Western European powers at the time, namely Britain, France, Germany, Italy, Belgium, Portugal and Spain.

The presence of Britain and France in Africa was particularly notable as they occupied vast territories in the continent. Although some African tribes put up resistance against colonial domination, they were unable to withstand the pressures and most of the continent eventually yielded to colonial rule.

Colonialism represents a critical turning point in the history of Africa. The new rulers controlled their newly acquired territories in different ways. While the French opted for a more direct form of rule, Britain ruled using the system of indirect rule. Through these colonial relations, Britain introduced its language, technology and a new way of life and fostered trade within its territories. Trade mostly involved the export of raw materials to Britain and the import of finished goods into Britain’s territories in Africa.
By the late 1950’s and early 1960’s African countries started to gain independence. The newly independent countries maintained their economic and political ties with their former colonial masters. However, the decolonisation of the continent meant Africans were, predominantly, in control of their own affairs. Britain continued its relationship with its former colonies under the banner of the Commonwealth.

Britain’s Influence in Africa, after Joining the European Union
Britain finally joined the European Economic Community (now the European Union) in 1973 after the resignation of then French President, Charles de Gaulle. Britain had previously applied in 1965 and in 1967 but both applications were vetoed by De Gaulle on the basis of Britain’s apparent incompatibility with Europe. In 1975 a referendum was conducted and Britain voted to remain part of the European Community.

Through the EEC, Britain was able to continue its relations with its former colonies in Africa. Under the Lome Convention of 1975, agricultural produce and mineral exports from countries in Africa, the Caribbean’s and the Pacific enjoyed preferential access into the EEC (now EU). This was made possible by Britain’s membership of the EU.

In 2007, the Joint Africa-EU Strategy (JAES) was launched at the Africa-EU summit in Lisbon, Portugal with the aim of establishing a reciprocal trade partnership between African countries and the EU. The hope was to promote sustainable development and foster greater relations between the two continents. Ultimately African countries were to be weaned off donor dependence.

Through the JAES initiative, the EU has been able to contribute financially to the African Union (AU) and various regional groups in the continent. The AU received over 2 billion Euros from the African Peace Facility (APF). The APF is funded by the European Development Fund (EDF).

The EU has entered into Economic Partnership Agreements with some of the countries in Africa to promote trade and investment. Africa has been exporting agricultural produce and raw materials to the EU. This trade has helped enlarge the markets available to African countries.
The United Kingdom has been exercising its influence in Africa through the EU through contributing to the European Development Fund and aid projects embarked on by the EU. It has been a driving force in carrying out discussions on matters concerning Africa and the effect EU policies may have on the continent. In matters of trade, the UK has been instrumental to shaping the EU’s trade policies towards Africa.

The Present

The world has been making great strides at becoming a global village. Former European colonies in Africa have started entering into trade partnerships with various governments and the influence of countries such as China, Turkey and the United States of America has been growing. The diversity of Africa’s trading partners is also being influenced by the adoption of South-South trade with other developing countries.

Although the UK still continues to trade with its former colonies, their influence cannot be said to be as strong as the influence their French counterpart wields over her former colonies particularly in West Africa. The reduction in trade between the UK and the African continent can be said to stem from the presence of other economies that exercised a better competitive advantage.

The UK is set to leave the EU on 31st January 2020 after which it would enter a transition period until the end of 2020, which can be extend up to one to two years. It is no doubt that Brexit will not affect the UK alone. Aside from affecting the EU, it will also have an effect on trade, aid and investment in Africa. Former Prime Minister Theresa May’s visit to selected countries in Africa in 2018 provided an insight into the UK’s intention to increase business participation in its former colonies, in the wake of Brexit.

The aid that the EU sends to Africa will also change with Brexit. The UK contributed largely to the EU aid budget and to the European Development Fund (EDF). The UK has agreed to remain party to the EDF and will honour all commitments related to the current 11th EDF.[1]

In spite of that, there are questions as to what would happen after 2020. There is the possibility that directly disbursing aid to Africa may either provide for greater efficiency or may limit its reach. However, it must be stated that EU funds made available through the EDF would be reduced and as such there would be a further challenge of making sure that the reduced funding available be put to good use and reach as many as possible. Once Brexit takes place, the UK will no longer play an active role in the policy decisions the EU makes in relation to Africa.

Not much is set to change in the during the transition period as the UK will still remain part of the EU Customs Union and Single Market until the end of 2020, and it is projected that trade relations with African countries are likely to remain the same due to continuity agreements. The UK has been actively working on deals with countries that already have trade agreements with the EU in order to avoid paying additional tariffs.[2] It is expected that the UK would enter into more trade agreements during the transition period. However, it is undeniable that the recent UK-Africa Investment Summit hosted by Prime Minister Boris Johnson marked an attempt by the UK to boost trade relations with its former colonies in the wake of Brexit.

Predictions

The discussions about Brexit have made way for various predictions of the kind of changes we are expected to see in the coming years with regards to the UK’s relationship with African countries.

It is expected that post-Brexit UK would be diversifying its investments in Africa by increasing its investment in other countries on the continent that exhibit more promise in terms of economic growth rate. This would position the UK as an active partner in the development drive of several African countries.

Currently, South Africa enjoys about 30 percent of the UK’s foreign direct investment in Africa but has a growth rate of only 0.8 percent.[3] Kenya on the other hand has a growth rate of 6 percent but only enjoys only 2 percent of the UK’s total investment in Africa.

Diversifying investments by increasing investment in other African countries would allow the UK to benefit from the economic opportunities available there

With the rise of technology startups in Africa, it would be logical to conclude the startup space may be one of the areas that would benefit from UK investment. Nigeria, for instance, received $663.24 million in venture capital in 2019 thus making it top startup investments in Africa.[4] Sectors such as fintech, logistics and agritech are particularly promising in 2020.

Another change we might see in the coming years would be the UK’s attempt to engage in more infrastructure projects in the continent. In countries such as Nigeria, it is impossible to ignore the great strides taken by China in providing infrastructural development by being a major player in the country’s plan towards economic recovery and growth. The UK would have to make great efforts to match China’s achievements and competitive advantage in this regard in order to attain the position of a strategic partner in infrastructural development.

Immigration is one of the areas that would be affected in post-Brexit UK. It is argued that in order to benefit from improved trade relations with its African counterparts, the UK may need to relax its immigration policies towards Africans, particularly those from the Commonwealth. Prime Minister Boris Johnson hinted at the possibility of a fairer immigration policy by saying that the UK will put “faces before passports” during the UK-Africa Investment Summit held this year.[5]

Although the form post-Brexit UK immigration policy will take is still unclear, it is projected that the UK would embrace a more open stance rather than a restrictive one in order to benefit from more skilled labour.[6]

Remarks

Questions remain as to what the UK will be offering Africa in the coming years. At this point it is difficult to say if it would be able to challenge the important role that China has been playing in trade and infrastructure or attempt to be as active as its French counterpart in the continent. Due to the former colonial relationship the UK has with Africa, it is understandable that any intentions the UK may have of renewing relationships with African countries may be received with skepticism.

For more information, contact:

GRF Dalley & Partners

Lagos Office:
Gabsdall House (2nd – 4th Floor)
26, Igbosere Road

Port Harcourt Office:
13, Finima Street,
Old G.R.A.

Tel: +23414549824
Fax: +4420 8929 0855
Email: inq@grfdalleyandpartners.com
Website: www.grfdalleyandpartners.com

Follow us on social media:
Twitter: @GRFDALLEY
LinkedIn: /grfdalleyandpartners

[1] https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_104
[2] https://www.bbc.com/news/uk-47213842
[3] https://foreignpolicy.com/2020/01/29/boris-johnsons-new-scramble-for-africa/
[4] https://nipc.gov.ng/2020/01/06/nigeria-again-tops-startup-investments-in-africa/
[5] https://www.bbc.com/news/uk-politics-51175628
[6] https://www.theguardian.com/commentisfree/2020/jan/29/brexit-britain-hard-line-immigration-openness

04 Apr 2019
Trademarks

REGISTRATION OF TRADEMARKS AND CHALLENGES OF THE TRADEMARK OFFICE IN NIGERIA

Introduction

A trademark is a word, mark, symbol, phrase, sign or design that distinguishes goods or brands from one another. Therefore a trademark must be distinctive and must not be deceptive. When a trademark is registered, it becomes protected from use by other people thus having the aim of preventing incidences of piracy. There are various laws relevant to trademarks in Nigeria, namely: Trademarks Act 2004 and the Merchandise Marks Act 2004.

In Nigeria, the body responsible for handling registration of trademarks is the Trademarks, Patent and Designs Registry under Commercial Law Department of the Ministry of Trade and Investments. The Federal Civil Service Commission appoints the Registrar of Trademarks and he is the one in charge of carrying out the functions relating to trademark registration.

Registration of Trademarks

Under Nigerian law, a trademark is registered for a period of 7 years after which it can be renewed for periods of 14 years. In order for a distinctive trademark to qualify for registration under Part A of the trademark register, Section 9(1) of the Trademarks Act 2004 provides that it must contain at least one of the following particulars:

  1. the name of a company, individual, or firm, represented in a special or particular manner;
  2. the signature of the applicant for registration or some predecessor in his business;
  3. an invented word or invented words;
  4. a word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname;
  5. any other distinctive mark.

A Trademark that does not qualify for registration under Part A of the trademark register can be registered under Part B of the register if it is capable of distinguishing goods connected with the trademark sought to be registered.[1] On this basis, for registration under Part B what is important is that it should be capable of distinctiveness.

However, the registration of a trademark can be refused if:

  • it is likely to deceive or cause confusion
  • it is contrary to law or morality
  • it is scandalous
  • in respect of a chemical substance or preparation, it is the commonly used and accepted name of any single chemical element or single chemical compound
  • it is identical with an already existing trademark already on the register and belonging to a different proprietor.

 

Challenges of the Trademark Office in Nigeria

In 2013, the Trademarks, Patent and Designs Registry made available an online registration platform to ease the trademark registration process. However, it is still advisable that prior to commencing a registration process an availability search is conducted at the Trade Mark Registry to determine availability of the trademark.

The preliminary search process is not as straightforward and convenient as is obtainable in other jurisdictions. In the United States of America, for instance, those who want to register a trademark can conduct a search on the Trademark Electronic Search System database that contains trademarks and prior pending applications. The results of a preliminary search done using the Trademark Electronic Search System are available immediately after submitting the search query.

In Nigeria, the search still has to be conducted manually at the Trademarks, Patent and Designs Registry in Abuja due to the fact that the online platform still does not support online searches for existing trademarks that were registered before the advent of the online platform. The search report from the manual search can take about 3 days to be ready.

An application for registration of a trademark in Nigeria can be done via the online platform. The Industrial Property Administration System on the other hand requires physical presence in Abuja, however this can be done by using various appointed agents of the registry. It is therefore possible to say that the online Trademark registration platform in Nigeria is not as efficient as the online platform created by the Corporate Affairs Commission where searches for existing business names can be conducted online.

Another area where registration of trademarks in Nigeria differs from other jurisdictions is that the trademark registry tends to refuse the registration of a trademark due to the existence of a prior trademark application. This approach can be said to be rather restrictive. In the United States of America, a trademark application would be refused based on the existence of an existing trademark rather than the mere existence of a prior application. It would be more desirable for Nigeria to adopt this approach and notify the proprietor of the existence of a prior registration rather than resort to immediate refusal of registration.

Conclusion

Trademarks play an important role in promoting the economic development of a country. The trademark registration process in Nigeria is still evolving and there is always room for improvement. The process unfortunately tends to be weighed down by bureaucracy and this affects the speed at which registrations are completed.There is an urgent need for the challenges faced by the Trademarks office in Nigeria to be addressed in order to bring the office and to the standard expected of it.

 

[1] See Section 10(1) of the Trademarks Act 2004

29 Mar 2019
Carriage by air

A REVIEW OF THE JURISDICTION OF NIGERIAN COURTS IN MATTERS INVOLVING CARRIAGE OF PASSENGERS BY AIR

Introduction

The Constitution of the Federal Republic of Nigeria has clearly outlined the Jurisdiction of courts. In spite of this, over the years there have been instances where matters have been instituted before the wrong courts.

Of particular interest is the provision of Section 251 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) that provides for the matters over which the Federal High Court is able to exercise Jurisdiction. In this article we seek to review the Jurisdictions of the State High Court and the Federal High Court in matters involving carriage of passengers by air.

The Position of the Law

The provisions of the law are very clear with regard to which court has Jurisdiction, in respect of aviation matters. Section 251(1)(k)  of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides:

“(1) Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, the Federal High Court shall have and exercise jurisdiction to the exclusion of any court in civil causes and matters –

 (k) aviation and safety of aircraft”.

Likewise, Section 7(1)(k) of the Federal High Court Act 1973 (as amended in 2005) vests original jurisdiction in aviation matters in the Federal High Court in the following words:

“(1) The Court shall to the exclusion of any other court have original jurisdiction to try civil causes and matters –

(k) aviation and safety of aircraft”.

From the above it can be seen that the Jurisdiction of the Federal High Court in matters involving carriage of passengers by air is dependent on whether or not the matter is one bordering on aviation.

Simply put, carriage of passengers by air involves the transportation of passengers from one place to another by means of an aircraft. For it to constitute an aviation matter, actual carriage must have taken place. In the case of KLM Royal Dutch Airlines vs. Taher[1], the Court of Appeal was of the opinion that there must be a direct and immediate contact with an aircraft and that the passenger must have been carried inside the aircraft before a matter can be said to be an aviation matter. Therefore, the Federal High Court can exercise exclusive Jurisdiction over the subject matter only when there was actual carriage.

What then happens when no carriage has taken place? In other words if the passenger is denied or refused check in/boarding on the first leg of the journey, the Appellate Courts are of the opinion that the circumstances would be one of simple contract rather than one of aviation under the statutes (the contractual document being the plane ticket that was purchased[2]). In such an instance, the State High Court is bound to have Jurisdiction.

The Return Ticket: A Single Contract or Two Contracts?

In air travel, a passenger can either choose to buy a one-way ticket or a return ticket. A one-way ticket takes the passenger to their destination while a return ticket takes them to their destination and back to the departure location. Having established that a plane ticket is a contractual document, it therefore follows that the terms of the contract are fulfilled once a passenger uses their plane ticket and is transported to their destination by the airline. Any event that takes place once a passenger has embarked on the airplane falls within the ambit of aviation and as such the Federal High Court has the power to assume Jurisdiction over the matter.

It would be safe to say that there are no challenges in determining when a contract is fulfilled in a case involving a one-way ticket. However, can the same be said about a return ticket? A return ticket basically covers two journeys. The contractual obligation in a return ticket is the transportation of a passenger to their destination and then back. In such a situation it can be said that the contract is acted on when a passenger embarks on the airplane and is taken to their destination.

In Delta Airlines vs. Shima Josef & Anor[3] the issue that arose was whether or not the second part of the journey constitutes a separate contract and whether the State High Court has Jurisdiction in a case of denied boarding in the case of the passenger’s return leg. The Court of Appeal in the case of was of the opinion that a return ticket represents a single contract, as opposed to two separate contracts. On this basis, any matter that arises after a passenger embarks on flight using a return ticket becomes an aviation matter and as such the Federal High Court would be the Court of competent Jurisdiction.

Therefore in a case of denied boarding, on the second or return leg, the Federal High Court and not the State High Court has Jurisdiction.

Remarks

The issue of Jurisdiction is very important and care must be taken to institute proceedings in the appropriate Court. The Jurisdiction the State High Court or the Federal High Court exercises over a matter involving carriage of passengers by air is dependent on whether or not the subject matter falls within the ambit of aviation.  It is therefore not in dispute that the State High Court would be the Court of competent Jurisdiction in an action for breach of contract in matters involving carriage of passengers by air provided there has not been any opportunity for the passenger to be under the care of the airline. Once there is any indication that the passenger was under the care of the airline, the Federal High Court would have jurisdiction.

[1] (2014) 3 NWLR (Pt. 1393) 137

[2] See Alhaji Adebayo Azeez vs. Lufthansa German Airline (2014) LPELR 22416 (CA)

[3] (CA, 1 March 2019)

16 Oct 2017

GRF DALLEY NEWSLETTER 0038 – A COMPILATION OF LEGAL NEWS AND EVENTS

 

IMF sees improved forex market in Nigeria as reserves hit $33 billion

The nation’s foreign exchange market may have scored a positive outlook, at least in the near term, as the International Monetary Fund (IMF), admitted that there is appreciable progress being recorded.

This is coming on the heels of recognition by Forbes Magazine that the Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, is the winner of “2017 Best of Africa Achievement” award for foreign exchange reforms, which pushed the market to stability against all odds.

Guardian

 

NAICOM to drive industry penetration with states’ engagement


The National Insurance Commission (NAICOM), has concluded plans to seek partnership with all the 36 states across the country through its compulsory insurance programmes.

The Commissioner for Insurance, Mohammed Kari, at a courtesy visit to the Kaduna State Government, noted that such partnership would pave the way for the Commission to set up a branch in Kaduna, now that it is considering opening new offices nationwide.

Guardian

 

Financial stocks boost NSE’s turnover by 87.8%

The financial services industry dominated in volume terms at the end of last week’s transactions on the trading floor of the Nigerian Stock Exchange (NSE). It led the activity chart with 1.365 billion shares valued at N6.507billion traded in 10,880 deals; thus contributing 87.76 per cent to the total equity turnover volume.

Guardian

 

Afreximbank tells Africa to harness its resources

From the pan-African multilateral financial institution, African Export-Import Bank (Afreximbank) at the weekend, came a timely reminder to the continent’s leadership and policymakers to be devoted to harnessing huge resources for the development of the region.

Guardian

 

2017: NPA to spend N278bn of N288bn revenue

The Nigerian Ports Authority has projected N288bn revenue for the 2017 fiscal year and plans to spend N278bn on recurrent and capital expenditures, leaving only N10bn for the Federal Government.

The NPA also proposed a surplus of N8bn in 2017.

Punch

 

World Bank reveals how much it has invested in Nigeria

The World Bank Group has said it has an investment portfolio of about $8.5billion scattered across states in Nigeria.

This was contained in a statement issued on Sunday by Olufunke Olufon, a Senior Communications Officer at World Bank Nigeria.

Daily Post

 

Naira appreciates by 19 Kobo to close at N360.31 to Dollar

The Naira, on Tuesday, appreciated to N360.31 per dollar at the Nigerian Autonomous Foreign Exchange (NAFEX) Window.

Data from the Financial Market Dealers Quote (FMDQ), showed that the indicative exchange rate NAFEX Window, dropped to 360.31 per dollar, Tuesday, from Monday’s closing market rate which stood at N360.50 per dollar.

Daily Post 

26 Sep 2017

GRF DALLEY NEWSLETTER 0037 – A COMPILATION OF LEGAL NEWS AND EVENTS

 

CBN injects $195m ahead of MPC decisions

The Central Bank of Nigeria (CBN), yesterday, boosted the foreign exchange market by offering a total of $195m in three segments of the market, ahead of today’s Monetary Policy Committee’s decisions, even as the naira appreciated to N360.31 per dollar

 

 

Vanguard

 

NNPC subsidiary, NETCO, records N5.1bn profit for 2015, 2016 financial year

 

The breakdown shows that N1.4 billion was recorded for 2015 while N3.7 billion was recorded for 2016. NETCO was established in 1989 to acquire engineering technology through direct involvement in all aspects of engineering in the oil, gas and non-oil sectors of the economy.

 

 

 

Vanguard

NPDC targets 500,000bpd oil production by 2020

The Managing Director of NPDC, Mr. Yusuf Matashi, who disclosed this in Benin, said the planned increase in the company’s equity production was due to the ongoing transformation in NNPC.“

 

 

 

 

Sun News

CBN, Aviation Ministry open talks to crash interest rate to 9%

Nigeria’s apex bank had left the country’s key interest rate unchanged at 14 per cent for more than a year, but ahead of plans to concession key airports to private firms, aviation ministry’s policymakers believe there is need to cut down interest rate to single digit and provide a special funding window particularly for local investors interested in the airports. The government’s vision is to create one or two hubs from the concessioned airports.

 

Sun News

 

 

18 Sep 2017

GRF DALLEY NEWSLETTER 0036 – A COMPILATION OF LEGAL NEWS AND EVENTS

 

AFC: Nigeria needs $3tr to fix infrastructure

The Africa Finance Corporation (AFC) has said Nigeria needs $3 trillion to fix huge infrastructure deficit in the country over the next three decades.The AFC President/Chief Executive Andrew Alli, who disclosed this at the weekend during a news conference in Lagos, also called on government to allow cost-reflective tariffs so as to boost power supply in the country.He regretted that while government must be a primary source of funding, Federal and State Governments’ fiscal inflows are grossly inadequate to match the pace of investments required in infrastructure.Represented by a top executive of the corporation, Fowler Fagbule, Alli said the Nigerian government ability to spend is limited based on what it earns.

The Nation

 

Union Bank floats N50b rights issue Wednesday

Union Bank of Nigeria (UBN) Plc has concluded arrangements to float its N50 billion rights issue on Wednesday as the first generation bank seeks to regain its leadership in the banking industry.Union Bank plans to raise N49.745 billion from existing shareholders through a rights issue of 12.133 billion ordinary shares of 50 kobo each at N4.10 per share. The rights issue has been pre-allotted on the basis of five new ordinary shares of 50 kobo each for every seven ordinary shares held as at the close of business on Monday August 21, 2017.Application for the rights issue will open on Wednesday and close on Monday October 30, 2017.

 

The Nation

Nigeria Can Generate N56bn From Coal Briquettes In 3 Years – Experts

Nigeria can make a whopping N56billion in 3 years by reviving the coal industry, especially with the use of coal briquettes for industrial and domestic use, economic experts in the country have said.They told LEADERSHIP that the use of coal briquettes will help in the diversification agenda of the federal government, especially as the global market for oil and gas appears to be shrinking by the day.An industrial pharmacist and specialist in marketing new technologies, Mr Emmanuel Nwankwo, said Nigeria really needs to go back to basics, which is the use of coal since it has it in abundance, starting from Enugu State.

The Leadership

 

 Nigeria To Unveil Biggest Oil And Gas Trade Show In Africa

The Ministry of Petroleum Resources will assemble upstream, mid-stream and downstream oil and gas professionals from around the world for the its inaugural Nigeria International Petroleum Summit (NIPS)holding from 19th to 23rd February 2018 at the International Conference Centre (ICC), Abuja.According to the organisers of the event, this will be the biggest technical and strategic business conference in the petroleum sector in Africa, as it will present current best practices and emerging technologies to attending engineers, scientists, academia, managers and executives. At the same time, the conference’s exhibiting companies will feature the latest products and services.

 

Leadership

CBN Boosts Financial Inclusion With Non-Interest Banking

With huge percentage of the unbanked populace in the country due to religion belief, the Central Bank of Nigeria (CBN) has continued to drive financial inclusion in various ways, by reviewing its guild lines on Islamic Banking (non-interest Banking).Specifically, the CBN in August set up two new financial instruments namely, “Funding for liquidity Facility (FflF)’’ and ‘’Intra-day Facility (IDF)’’ to provide liquidity management for non-interest banks. The two new financial instruments were also designed to help foster growth in emerging Islamic finance industry.

 

Leadership

 

 

 

 

 

 

11 Sep 2017

GRF DALLEY NEWSLETTER 0035 – A COMPILATION OF LEGAL NEWS AND EVENTS

Financial stocks lift NSE’s turnover by N17.5bn

As Exchange seals broadcasting deal with CBS
Heavy transactions in the shares of some banks last week, lifted the volume of shares traded, as a turnover of 887.024 million shares worth N17.450billion was recorded in 16,955 deals by investors on the Exchange. This was higher than the 998.973 million units valued at N11.455billion that changed hands in 13,626 deals in the preceding week.

DAILYPOST.NG

Shell strikes Nigerian gas deal

Royal Dutch Shell is joining forces with a Nigerian company to develop gas pipeline infrastructure in the country in a deal that highlights the push by the world’s biggest energy groups to entrench demand for gas in growing economies of Africa.

NEWSSTAND.GOOGLE.COM

Arik Air files N20bn suit against Nigerian govt, Ethiopian Airlines

Arik Air Limited has filled a N20 billion suit against the Nigerian government and Ethiopian Airlines over ‘negotiation’ for the takeover of the airline.

Financial stocks lift NSE’s turnover by N17.5bn
Heavy transactions in the shares of some banks last week, lifted the volume of shares traded, as a turnover of 887.024 million shares worth N17.450billion was recorded.

DAILYPOST.NG

Fresh Pressure On Nigeria Over Oil Production Cut As OPEC Meets

The pressure on Nigeria to reduce its crude oil production figure of 1.8 million per day is expected to increase as the Organisation of Petroleum Exporting Countries (OPEC) meets on Friday, September 22, 2017 in Vienna, Austria.

ALLAFRICA.COM

 

 

Stockbrokers Canvass Easier Access to Asem Board for SMEs

Capital market stakeholders have urged regulators to make the listing requirements for accessing the Alternative Securities Market (ASeM) less stringent to attract more small and medium enterprises (SMEs) participation on the platform, and grow the primary market segment of the Nigerian Stock Exchange (NSE).

ALLAFRICA.COM

06 Sep 2017

GRF DALLEY NEWSLETTER 0034 – A COMPILATION OF LEGAL NEWS AND EVENTS

Nigeria

 

THE FEDERAL GOVERNMENT PLANS TO LAUNCH A SERIES OF ONE STOP SHOPS FOR INTERFACE ENTREPRENEURS

The Federal Government plans to launch a series of one-stop shops across the country to facilitate smoother government regulation and interface between entrepreneurs and agencies like the National Agency for Food and Drug Administration and Control (NAFDAC), Corporate Affairs Commission (CAC), Standards Organisation of Nigeria (SON), Federal Inland Revenue Service (FIRS), and others. The One-Stop Shop programme is part of the on-going nationwide Micro, Small and Medium Enterprise Clinics for Viable Enterprises (MSME Clinics) initiated by the Presidency in January 2017, aimed at providing a platform for convenient and easy interactions between regulatory agencies and MSMEs doing business in Nigeria.

The Guardian

ICTMI: FG REVOKES LAGOS TRADE FAIR COMPLEX CONCESSION

 The National Council on Privatisation, which is chaired by Vice President Yemi Osinbajo, has approved the immediate revocation of the concession of the Lagos International Trade Fair Complex. The trade fair complex was in 2008 given to Aulic Nigeria Limited as a concession, a move that had come under severe criticism by several trade groups. The NCP also approved the commencement of the privatisation of the Afam Power plants 1-5 in a bid to injecting additional power into the national grid and improving electricity supply nationwide, as well as the immediate commencement of fresh privatisation of Yola Electricity Distribution Company.

Punch

EGBIN TO CONSTRUCT N432 BILLION POWER PLANT

Egbin Power Plc has unveiled plans to invest $1.2 billion (N432 billion) for the construction of 1,575 Mega Watts in Nigeria.The plant which is expected to be completed by 2020, is expected to increase the supply of electricity to homes and businesses in the country,
According to the Managing Director and Chief Executive Officer, Egbin Power Plant, Dallas Peavey, the environmental assessment for the proposed plant has been completed. “We are beginning the preliminary engineering for the design and we have already secured the land.
Guardian

BOL, MADE SEAL PACT ON FUNDING FOR LEATHER PRODUCTION

DAI- Market Development in the Niger Delta (MADE The Bank of Industry (BoI) has partnered) and the Leather Product Manufacturers, to drive leather production in Nigeria.Indeed, the Development Finance Institution (DFI) noted that the leather industry has the capacity to drive economic growth as well as creating job opportunities for Nigeria’s teeming unemployed youths.The Managing Director, BoI, Investment and Trust Company (ITC), Betsy Obaseki, explained that as a DFI, its mandate is to stimulate and drive industrial development across the country, pointing out that it had identified the Aba cluster as a potential hub to drive leather production in Nigeria.

Guardian

INDICES SUSTAINS SLIDING PROFILE, DEPRECIATES FURTHER BY N20 BILLION

The news from the National Bureau of Statistics (NBS) that the Nigerian economy has finally crawled out of recession after five consecutive quarters of negative growth could not buoy investments in the equities market, as the bears retained their strong hold with a galore of losses. Thus, price losses outweigh gains on equities on the floor of the Nigerian Stock Exchange (NSE) yesterday, as more highly capitalised stocks joined the league of losers’ resulting to a further slide in market capitalisation by N20billion. Specifically, at the close of trading yesterday, market capitalisation of listed equities fell by 0.16 per cent to N12.217trillion from N12.237trillion traded last week Thursday. Also the NSE All Share Index depreciated by 58.17 basis points to 35446.45 points from 35504.62 recorded previously.

Guardian

NIGERIANS MUST FEEL IMPACT OF EXITING RECESSION, SAYS BUHARI

“Until coming out of recession translates into meaningful improvement in people’s lives, our work cannot be said to be done.’’With these words yesterday, President Muhammadu Buhari declared that despite the claim by the National Bureau of Statistics (NBS) that the country has exited recession, the real impact would be better felt when ordinary Nigerians experience a change in their living conditions. Ordinary Nigerians cannot see an end to the recession as long as the prices of food items are still high. Buhari, who spoke in his country home in Daura, Katsina State when he received the President of Niger, Alhaji Mahamadou Issoufou, told reporters that he was “very happy’’ to hear the country was finally out of recession. He commended all the managers of the economy for their hard work.

Guardian

CHINESE OIL GIANT SINOPEC PROBED BY THE U.S OVER NIGERIA BRIBERY ALLEGATIONS

U.S. authorities are investigating china petroleum over allegations that the state-controlled oil producer paid Nigerian officials about $100 million worth of bribes to resolve a business dispute, according to people familiar with the probe.

Investigators from the Securities and Exchange Commission and Justice Department looking into allegations that outside lawyers acting as middlemen for the company, known as Sinopec, funnelled illicit payments from its Swiss unit to the Nigerians through banks in New York and California, said the two people, who didn’t want to be named discussing an active investigation.

The alleged payments were intended to resolve a $4 billion dispute between the Chinese oil company’s Addax Petroleum unit in Geneva and the Nigerian government over drilling and other capital costs, tax breaks and a division of royalties between Addax and the Nigerian National Petroleum Corporation, the people said.

Bloomberg