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EFCC has no power to investigate or recover civil contract debts, court rules

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EFCC

BY: Justice Godfry

A Federal High Court, Ibadan, has ruled the Economic and Financial Crimes Commission (EFCC) has no power to arrest anyone or investigate cases of debt recovery arising from breach of contract.

Justice J. O. Abdulmalik in an April 1, 2019 damning judgment, a copy of which was obtained by The Nation, declared that the EFCC Act 2004 does not empower the commission to arrest, detain anyone or investigate cases of breach of contract in business transactions.

It held that the commission only has power to arrest, detain or investigate financial crimes, not civil transactions.

He gave the judgment in a case dragged before him by an Ibadan-based business man, Elder Francis Morakinyo Afolabi, through his lawyer, Mr. Joshua Olaniyan, against the commission and five others. Afolabi dragged the EFCC to court for his arrest, torture and freezing of his bank account based on a petition submitted on him by Mr Kehinde Olaniyan who trades under the name Kehinde R. Olaniyan Nigeria Enterprises over failure to fulfill his part of a business transaction worth N14 million with the latter in 2015.

The petition was submitted to the Ibadan zonal office of the commission, upon which it invited Afolabi.

Other respondents are three investigating officers of the commission and First Bank of Nigeria PLC in whose Afolabi’s Account was frozen.

The complainant was admitted to bail while his bank account was frozen pending the completion of its ‘investigations’.

But Afolabi dragged the commission and other respondents to court seeking a declaration of his arrest and freezing of account illegal as well as publication of a public apology in two national dailies that are popular in Ibadan.

He also sought N100 million damages against the six respondents in the case.

Citing the case of Lima versus Mohammed (1999) LPELR-1973 (Supreme Court), the judge declared that “an aggrieved party in a breach of contract is to seek for civil redress by way of insisting on actual performance of the contract or seek damages for the breach.” Justice Abdulmalik pointed out that it has become fashionable for some Nigerians to use law enforcement agents to retrieve debts arising from civil transactions instead of approaching the court to do so, possibly in an attempt to dodge lawyers’ professional fees.

The judge also held that Afolabi’s fundamental human rights were breached through his arrest and freezing of his bank account. He, therefore, awarded N500, 000 damages to the applicant but absolved the bank, stressing it was under obligation to honour the request from the EFCC for the account freezing being a commission empowered to do such.

The judge set aside the directive freezing Afolabi’s bank account.

For justice to be done, the court also held that Mr Olaniyan, who dragged Afolabi to the EFCC, should publish a public apology in a national daily whose circulation is popular in Ibadan.

Among the seven issues formulated, six were resolved in favour of Afolabi.

The court held that the commission has no power to investigate or resolve disputes arising from civil contracts, is not a debt recovery agency, declared freezing of Afolabi’s bank account illegal, declared his arrest as a breach of his fundamental human rights and a form of torture.

He declared: “On issues one, two, three and four of the applicants, there is no gainsaid that the 1st respondent (EFCC) does not have the power to resolve or and investigate disputes arising from contracts or civil transaction.

“Also, as reiterated in a plethora of judicial authorities, the 1st respondent is not a debt recovery agent.”

The judge referred to, among others, Section 6B of the  EFCC Act 2004 Laws of Federation of Nigeria which states that the commission shall be responsible for the investigation of all financial crimes including advance fee fraud, money laundering, counterfeiting, illegal charge transfers, future market fraud, fraudulent encashment or negotiable instruments, computer credit card fraud, contract scam etc.

He insisted the transaction between Afolabi and Olaniyan was civil, pointing out failure to honour terms of contract does not amount to a crime.

He said it is strictly a civil transaction that is outside the powers of the commission irrespective of the garb the commission put on the matter.

“Carefully from the above facts, I do find that irrespective of the descriptive inventory lexicon employed by the 5th respondent Mr Kehinde Olaniyan) to title his petition or report to the 1st respondent, it does not dissipate the facts on the ground from being that of a civil transaction of contract which has gone wrong.

“To cushion my point, the 5th respondent’s report to the 1st respondent can be tantamount to a cry of ‘help me collect my money from the applicant’.

“Otherwise, the question will be ‘what does the 5th respondent really want the 1st to 4th respondents to investigate?’ There is no mystery about the fact, the 5th respondent supplied applicants goods worth N14,611,820:00 which has not been paid for…

“The ‘investigation power’ vested on the 1st respondent is in relation o the commission of a crime, and not a civil transaction, as simple as recovery of debt. The requisite sections of the E inimical and Financial Crimes Commission (Est) Act Laws of Federation of Nigeria 2004 as aforementioned all referred to instance and occasion of suspicion crime.”

Source: The Nation

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Dangote Cement Pays Over N3.3 Trillion in Dividends to Shareholders in 15 Years

…Vows to transform Africa by making it self-sufficient in cement, clinker

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Dangote Cement

Shareholders of Dangote Cement Plc have received over N3.3 trillion in dividends over the last 15 years. Aside from this impressive dividend payout, the shareholders have also significantly benefited from the capital appreciation of the cement stock.

The benefits to the shareholders were disclosed on the floor of the Nigerian Exchange last Wednesday during the “Facts Behind the Figure” presentation, by the Management and Board of Dangote Cement, which was ably led by the new Chairman, Mr. Emmanuel Ikazoboh.

Ikazobor who just assumed the position of the chairman from Aliko Dangote, thanked the shareholders for standing by the company, while also assuring them of consistent good returns on their investments.

He said Dangote Cement remains resolute in transforming Africa by creating sustainable value for all its stakeholders, as it will do all to achieve its vision of making Africa self-sufficient in cement and clinker. 

He stated that: “To our investors, you have my unwavering commitment to safeguarding and growing your investment. To our regulators and market operators, you have my pledge of continued partnership and adherence to governance standards that lead rather than follow. To our employees and partners, you have my gratitude and my assurance that our collective strength will propel us to achievements we haven’t yet imagined.”

Speaking further on the future of the company, the Chief Executive of the company, Arvind Pathak, said: “We aim to expand installed capacity to 66.4Mta by 2030, supporting our long-term vision of making Africa self-sufficient in cement and clinker production. This growth will be driven by a mix of greenfield and brownfield projects.”

He revealed that the company has commissioned the first phase (1.5Mta) of its 3Mta Côte d’Ivoire plant, while construction of the 6Mta integrated Itori Plant continues to advance steadily. In addition, the company, according to him, has announced a $400 million investment to double its production capacity in Ethiopia.

He added that: “Over the past 15 years, DCP has committed more than $8.5 billion in capital investments across Africa, underscoring our long-term confidence in the region’s growth prospects.”

The Group Chairman of the Nigerian Exchange Group (NGX Group), Alhaji (Dr.) Umaru Kwairanga, praised the President/Chief Executive, Dangote Group, Aliko Dangote, for his substantial contributions to the Nigerian capital market and private sector development. He said the former Chairman of Dangote Cement, who is also his mentor, has clearly shown that wealth can be created but also transferred to the public through the capital market.

Group Managing Director and Chief Executive of the Nigerian Exchange Group, Temi Popoola, also lauded the new Management and Board of Dangote Cement, noting that with Mr. Ikazoboh as the Chairman, the shareholders will surely be happy.

It would be recalled that the shareholders of the company, in its last Annual General Meeting (AGM) for the year 2024, were full of praise for the Board, Management, and staff of the company after approving a dividend payout of N502.6 billion, which translated to N30 kobo per share. 

The company, in the same vein, also significantly increased its social investments by 469.8 per cent to N3.2 billion. The corporate social responsibility (CSR) activities were in education, healthcare, agriculture, infrastructure, and economic empowerment. 

President of the Association for the Advancement of Rights of Nigerian Shareholders (AARNS), Faruk Umar, said the shareholders were pleased with Aliko Dangote and his team. He said that for the company to still pay a robust dividend despite the obvious economic challenges, which also affected their operations, shows the doggedness and fighting entrepreneurial spirit of the management of the company. 

According to him: “We are happy with this result. The year 2024 was very challenging due to the fluctuations in the foreign exchange market and the company’s expansion programme. But despite all these challenges, the company was still able to pay us a very good dividend and even gave us hope of better returns on our investments in the years to come. This is very commendable, and it is only a company like Dangote Cement that can achieve this laudable feat.”

Chairperson of the Pragmatic Shareholders Association of Nigeria, Bisi Bakare, also commended the company’s consistent dividend payment, noting that the company is moving in the best way of corporate governance. He stated that: “As a shareholder and an active investor of this company, I am very happy and pleased with the performance of our company so far. The earnings are not even up to N30 per share, and for the company to still declare N30 per share dividend speaks volumes of the quality of leadership that we are lucky to have in Dangote Cement. It should also be noted that Dangote Cement is the only manufacturing company that paid the highest dividend in the year under review. So, we are happy and very proud to be part of this company.”

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Expert: Fintech, Financial Inclusion Critical for Sustainable Growth of Nigerian Economy

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Dr. Biodun Adedipe, CEO, B. Adedipe & Associates Limited
Dr. Biodun Adedipe, CEO, B. Adedipe & Associates Limited

A renowned economist, Dr. Biodun Adedipe, the Chief Consultant/CEO, B. Adedipe & Associates Limited, says fintech and financial inclusion are not only contemporary in the Nigerian financial ecosystem, they also hold exciting promises in the transition of the Nigerian economy from jobless growth of over two decades now, to inclusive and sustainable growth that assures shared prosperity for all stakeholders.

Adedipe added that over $2 billion were invested in fintech and startups by over 50 angel investors and venture capitalists in 2024.

Delivering the keynote paper at the 2nd Business Journal Fintech & Financial Inclusion Roundtable 2025 in Lagos, Adedipe described financial inclusion as a critical driver of economic growth and poverty alleviation.

“This makes financial inclusion critical to developing economies, especially those like Nigeria that have been experiencing jobless growth in the last 20 years thereabout and also deep in multi-dimensional poverty. The real challenge resides at the bottom of the pyramid where there is not only poor access to finance but also lack of the basic elements that define good quality of life.”

In its 2023 survey, EFInA reported 64% financial inclusion in Nigeria, driven by marginal growth in the banked population and major gains in non-bank formal adoption.

He listed the opportunities of both fintech and financial inclusion in Nigeria to include youthful and tech savvy population, increasing demand for financial services, unbanked and under-served population, significant informal economy estimated at 54% to 58% of Nigeria’s Gross Domestic Product (GDP) and necessity-based entrepreneurship, which is a rampant phenomenon in fragile economies where informal economic activities and low income are pervasive.

Adedipe said the challenges facing the Nigerian economy in terms of fintech and financial inclusion include the ability and capacity of the Central Bank of Nigeria (CBN) in promoting and regulating the two concepts effectively.

He listed past and current CBN interventions as the National Financial Inclusion Strategy, National FinTech Strategy, Strategy for Leveraging Agent Networks to Drive Women’s Financial Inclusion and Payment System Vision 2025.

Other key pitfalls to avoid are measuring, identifying and filling gaps, consumer protection and awareness, cost and affordability, technology and infrastructure.

The economist added that both regulators and operators also face significant risks – market, structural, strategic, cybersecurity and operational, as well cultural barriers and gender bias, and credit assessment and KYC.

“If Nigeria (or any developing country for that matter) will maximally benefit from financial inclusion and the deep role that fintech plays in that process, there must be a balance of interests. That balance will be effective only if all stakeholders collaborate (no one seeking to take advantage of the other) and maintain tight focus on the over-arching purpose of inclusive growth and shared prosperity.”

He said for Nigeria to have an inclusive financial system, policies, regulations, products, services, technology and infrastructure must be inclusive by design.

Other factors include integrated system, safe and efficient digital payment/finance ecosystem, economically sustainable and commercially viable market infrastructure, robust data information system and effective regulation.

According to Remita “as Nigeria continues to embrace digital transformation and foster innovation in the financial sector, the role of fintech in empowering SMEs will only grow in significance. With a young and dynamic entrepreneurial ecosystem, the demand for fintech solutions tailored for SMEs is expected to soar, driving further innovation and competition in the market.”

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Tinubu Launches Personal Income Tax Calculator to Improve Compliance, Fairness

By ORJI ISRAEL

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Bola Ahmed Tinubu
President Bola Tinubu

President Bola Tinubu has launched a Personal Income Tax Calculator to help Nigerians work out their tax obligations under the new tax law.

The tool is expected to make compliance easier and improve transparency in the system.

In a post on his X page, the president said the calculator shows how the recent reforms protect low-income earners while ensuring fairness.

“A fair tax system must never punish poverty or weigh down the most vulnerable. With the new tax laws I recently signed, taking effect from January 2026, we have lifted this burden and created a path of equity, fairness, and true redistribution in our economy,” Tinubu said.

Some months ago, he signed four major tax bills into law to bring Nigeria’s scattered tax system under one framework. These include the Nigeria Tax Administration Law, which sets out a uniform process for tax administration across federal, state, and local governments; the Nigeria Revenue Service (Establishment) Bill, which replaces the current Federal Inland Revenue Service Act with a stronger, more independent revenue agency; and the Nigeria Revenue Service (NRS) and Joint Revenue Board (Establishment) Bill, which creates a formal structure for cooperation between revenue bodies at all levels.

The introduction of the tax calculator, together with these reforms, is expected to reduce confusion for both individuals and businesses, while also making it easier for them to meet their obligations and contribute to national growth.

Tinubu added that the reforms are part of building renewed hope for the economy and urged Nigerians to trust in the country’s future for themselves and their families.

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