News

Court stops FG from taking further actions on disputed e-Customs Concession Project

Published

2 years ago

June 18, 2022

OAdmiN

A Federal High Court in Abuja has restrained the Federal Government from enforcing or giving effect to the controversial Customs Modernisation Project, otherwise known as e-Custom, allegedly executed by its agents on May 30, 2022.

The agents, who allegedly executed the disputed concession project are the Nigerian Custom Service, Trade Modernisation Project limited, Huawei Technologies Company Nigeria limited and African Finance Corporation.

The court also issued an order of interim injunction against the Federal government or its agents acting through the Federal Executive Council, FEC, from retrospectively ratifying the decisions to concession the Custom Modernisation Project also known as e-custom project to Trade Modernisation Project limited, Huawei Technologies Company limited and African Finance Corporation.

The restraining order issued by Justice Inyang Ekwo of the Abuja division of the court shall last till the hearing and the determination of a suit brought against the Federal Government by two aggrieved companies.

An enrol order issued by the court dated June 17, 2022, was signed by Justice Inyang Eden Ekwo and sighted by DAILY POST correspondent.

The two aggrieved companies are: E-Customs HC Project Limited and Bionica Technologies ( (West Africa) Limited, which jointly challenged the alleged unlawful and fraudulent concession of the e-custom project to African Finance Corporation

Counsel to the two aggrieved companies, Mr Anone Usman had on behalf of the two plaintiffs argued an ex-parte application, in which he prayed the Federal High Court for interim orders against the defendants to protect the interest of his clients.

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Justice Inyang Ekwo, while ruling on the ex-parte application granted the prayers of the plaintiffs having placed sufficient evidence of interest in the concession project.

The Judge also granted permission to the aggrieved companies to serve a Writ of Summons and all other processes on the African Finance Corporation at its head office, located at Ikoyi, Lagos, through DHL courier services.

Defendants in the suit are the Federal government of Nigeria, Attorney-General of the Federation (AGF), Finance Minister, Infrastructure Regulatory Concession Commission, (IRCC) Nigeria Custom Service, Trade Modernization Project limited, Huawei Technologies limited, African Finance Corporation and Bergman Security Consultant and Supply limited as 1st to 9th defendants, respectively.

Justice Ekwo subsequently fixed June 28 for hearing in the matter.

The two plaintiffs had in their statement of claims narrated how they proposed to carry out Custom Modernisation Project through several government officials for the benefits of the Nigerian Custom Service.

They claimed that after series of meetings and negotiations with some of the defendants, President Muhammudu Buhari granted anticipatory approval for the e-custom Project

They averred that on September 2 , 2020, the Minister of Finance presented a memo with number EC2020/153 to the Federal Executive Council, the highest decision making body of the federal government and secured approval for the two plaintiffs to be granted the award of the concession.

The Plaintiffs further claimed that trouble started when the Nigeria Custom Service unilaterally reviewed the Federal Executive Council approval and imposed other conditions, among which are shareholding formulae and governance structure on them.

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They claimed that the power of the Nigeria Customs Service to unilaterally review FEC approval was protested and that the Comptroller General of the agency stood his ground.

The Plaintiff asserted that to their surprise, they read in the news that the Nigeria Custom Service had executed a concession agreement with the Trade Modernisation Project on May 30, 2022, with Huawei Technologies Company and African Finance Corporation in total breach of the Concession Agreement vetted by the AGF in conjunction with the Minister of Finance.

They averred that Tade Modernisation Project Limited was incorporated in April, 2022 at the Corporate Affairs Commission (CAC) with one Alhaji Saleh Ahmadu a close friend of the Comptroller General as the Chairman.

Plaintiff asserted that the new company, having been just incorporated in April 2022 could not have obtained and did not obtain the full business case compliance certificate from the Infrastructure Regulatory Concession Commission IRCC and the approval of the Federal Executive Council to carry out e- custom project.

They asked the court to make declaration that the decisions of the Federal Government and its agent to enter into concession agreement with Trade Modernisation Project Limited, Huaewai Technologies Company and African Finance Corporation in respect of the e-customs project is illegal, null and void, having been made in gross violation of Section 2 of the Infrastructure Concession Regulatory Commission Act 2005.

They also asked the court to declare that e-Customs HC Project limited is the approved and rightful concessionaire for the e-customs project as approved by Federal Executive Council at its meeting of September 2, 2020 and in line with Section 2 of the Infrastructure Regulatory Concession Commission Act.

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They also applied for an order of the court directing the Federal Government, through AGF, Finance Minister, IRCC and Customs to consulate the e-custom project with the 1st plaintiff, (E-Customs Project Limited) as approved by FEC in its September 2020 meeting.

Besides, the two plaintiffs asked the court to compel the defendants to pay them a sum of two hundred million naira (N200m) as cost of litigation.

News

CBN orders banks to suspend deposit charges

Published

7 hours ago

May 8, 2024

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CentralBankofNigeriaCBN MegaIcon Magazine

The Central Bank of Nigeria (CBN) has directed deposit money banks and financial institutions to suspend processing fees on deposits until September 30, 2024.

In a circular dated May 6, 2024, the apex bank ordered financial institutions to suspend processing charges imposed on cash deposits above N500,000 for individuals and N3,000,000 for corporates.

This directive, signed by the CBN’s Acting Director of Banking Supervision, Adetona Adedeji, aims to alleviate financial burdens on depositors.

The recent directive follows previous instructions from the CBN, which mandated deposit money banks to impose a 0.5% cybersecurity levy on transactions, a move that has stirred public outcry.

The circular stated, “Please refer to our letter dated December 11, 2023, referenced BSD/DIR/PUB/LAB/016/023 on the above subject, suspending processing charges imposed on cash deposits above N500,000 for individuals and N3,000,000 for corporates as contained in the ‘Guide to Charges by Banks, Other Financial Institutions and Non-Bank Financial Institutions’ issued on December 20, 2019.”

It continued, “The Central Bank of Nigeria hereby extends the suspension of the processing fees of 2% and 3% previously charged on all cash deposits above these thresholds until September 30, 2024. Consequently, all financial institutions regulated by the CBN should continue to accept all cash deposits from the public without any charges until September 30, 2024.”

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TUC threatens massive protest over cybersecurity levy

Published

7 hours ago

May 8, 2024

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FILES: TUC President Festus Osifo during a labour rally

The Trade Union Congress (TUC) has issued a stern warning to the Nigerian government, threatening a large-scale protest that could bring the economy to a standstill if the controversial cybersecurity levy introduced by the Central Bank of Nigeria (CBN) is not revoked.

In a statement released on Wednesday, TUC President, Festus Osifo, criticised the recent directive by the CBN imposing a 0.5 per cent cybersecurity levy on nearly all electronic transactions.

This move comes on the heels of heavy criticism from the Nigeria Labour Congress (NLC), which labeled the levy as an additional burden on Nigerians.

The TUC condemned the timing of the levy, highlighting the economic challenges already faced by Nigerians, including the devaluation of the Naira, high petrol prices, and increased electricity tariffs.

Expressing dismay over government policies under the leadership of President Bola Tinubu, the TUC lamented the burden of multiple taxation endured by Nigerian account holders, both from the government and financial institutions.

The union further accused the National Assembly of colluding with elements in the executive to exploit citizens rather than protect them.

TUC emphasised that Nigerians are currently focused on concluding discussions regarding the minimum wage, urging the Federal Government to prioritise this over what it described as a “vexatious policy.”

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It demanded the immediate withdrawal of the CBN circular to banks and the cancellation of the levy.

Warning of drastic action if their demands are not met, the TUC declared its readiness to mobilise members, stakeholders, and the masses for an immediate protest, potentially leading to the complete shutdown of the Nigerian economy.

According to the TUC, this levy represents one exploitation too many for the Nigerian populace.

News

Ndume slams senate chamber renovation as ‘poor job’

Published

9 hours ago

May 8, 2024

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The Senate Chief Whip, Ali Ndume, has voiced his dissatisfaction with the recent renovation work carried out in the Senate Chamber, labeling it as substandard.

Under Order 42 of the Senate Standing Rules, Ndume expressed his concerns, highlighting various issues such as the poor quality of the sound system leading to echoes, inadequate sitting arrangements, and the absence of voting devices.

He remarked, “Since day one, precisely last week Tuesday when we moved into this Chamber that was supposed to have been renovated, there have been complaints here and there.”

In response, the President of the Senate, Godswill Akpabio, clarified that the sitting arrangement complaints among Senators have been largely resolved, noting that the renovation contract was not executed by the 10th National Assembly.

Meanwhile, in legislative proceedings, the Senate passed for the second reading a Bill aimed at repealing the Revenue, Mobilization, Allocation and Fiscal Commission Act of 2004.

The new legislation seeks to grant the Commission enforcement powers for monitoring revenue accruals and disbursement from the federation account, aligning it with the amended 1999 constitution.

Despite the bill’s passage, lawmakers have agreed to subject it to further scrutiny, with plans to revisit its provisions.

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The bill has been referred to the Committee on Finance, Appropriations, and Economic and Financial Planning for review, with a report expected within four weeks.