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How Polo Solutions, Other Agencies exposed MTN alleged dollarization of Nigeria’s economy in suit filed by telecom giant

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Polo Solutions Projects Ltd, Awoyale Raphael Abayomi and Awoyale Temitayo Adekunmi all defendants in Suit No: LD/9999 GMW/2023 instituted by MTN have filed a written address in support of their preliminary objection seeking an order of the Honourable Court to strike out and/or dismiss this suit for lack of jurisdiction

According to the preliminary objection filed by their counsel, AYOOLA B. OKE ESQ., of Ayoola Babatunde Oke & Co, the grounds upon which the Preliminary Object is brought as follows:

The Claimants hold that Honourable Court lacks jurisdiction to hear this suit being a suit to enforce a criminal act specifically criminalized by the combined provisions of Sections 15 and 20(5) of the Central Bank of Nigeria Act:

Section 15 The unit of currency shall be the Naira which shall be divided into one hundred kobo while Section 20(5) also states “A person who refuses to accept the Naira as a means of payment is guilty of an offence and liable on conviction to a fine of =N=50,000.00 or 6 months imprisonment: Provided that the Bank shall have powers to prescribe the circumstances and conditions under which other currencies may be used as medium of exchange in Nigeria”

According to the counsel defendants, the document pleaded by the Claimant as MTN1 is the contract between the parties and clearly states in paragraph 6.3 that all invoices shall be denominated in Naira and it is therefore surprising that the Respondent started to demand payment in Dollars in breach of its contractual term, without first seeking and executing an amendment to the contract.

“We note that from all the documents pleaded by the Claimant particularly the Notices of Demand issued by the Claimant and replies from the Defendant that the main issue is not the payment but the question of in what currency? In fact, it is clear that the Respondent was paid in Naira but it rejected the payment and offered to return the payment made but reneged on this offer as soon as it was accepted thus holding on the funds of the Applicant while applying self-help to disconnect its and destroy its business”.

That the pleadings of the Claimant do not disclose any reasonable cause of action as nowhere in the Interconnect Agreement which is the contractual agreement between the parties is the Defendant mandated to pay the Claimant in Dollars

The issues for determination according to counsel to the defendant are as follows:

“If by the correct Interpretation of Sections 15 and 20 of the Central Bank (CBN) Act the demand (and insistence) by the Respondent for the Applicant to pay it in Dollars rejecting payments made in Naira for a transaction carried out in Nigeria and between two Nigeria companies does not amount to a criminal offence, an illegality.

“Whether the Central Bank of Nigeria has duly and lawfully exercised its powers to grant exception under the proviso to Section 20(5) by purported grant to the Respondent without any valid and binding instrument.

“If the loss suffered by the Applicant as a result refusal of the Respondent to comply with the law and if the parties are not bound by their contract subject to renegotiation”.

Reinforcing its earlier stance on the issues of law, the claimant relied on Sections 15 and 20 of the Central Bank of Nigeria Act states as follows:

“The unit of currency shall be the Naira which shall be divided into one hundred kobo.“

20 (1) The currency notes issued by the Bank shall be legal tender in Nigeria at their face value for the payment of any amount.

20 (5) A person who refuses to accept the Naira as a means of payment is guilty of an offence and liable on conviction to a fine of =N=50,000.00 or 6 months imprisonment:

Given that there is no ambiguity in the provisions of the Section 15 and 20 of the Central Bank of Nigeria Act and the Board of CBN has not in any way modified this provision we submit that the Applicants are entitled to the reliefs sought.

The claimants “contend that the Respondent acted in bad faith and note that it is trite law that parties are bound by their contracts.

“In this case the parties are two Nigeria Network Service providers that entered into an interconnect contract agreeing that consideration should be denominated in Naira in line with the provisions of the Nigerian Law specifically CBN Act yet one party, the Respondent decided to unilaterally refuse payment in Naira, an act prohibited by the extant law.

“We humbly pray that this honourable court grants the requested reliefs as prayed by upholding this Preliminary Objection and dismiss this suit with substantial cost”, Ayoola B. Oke Esq. implores the court.

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NNPC announces downtime on recruitment portal over unprecedented traffic

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The Nigerian National Petroleum Company (NNPC) Limited has announced that its job application portal is currently experiencing downtime due to an ‘unprecedented’ surge in traffic.

On Friday, NNPC announced a recruitment exercise for qualified candidates, with the application period set to close on August 20.

Checks by Vanguard revealed that the agency’s website is displaying server error messages.

In response via X, NNPC stated that their technical team is actively working to resolve the issue.

“Due to unprecedented traffic to the NNPC Ltd. career page from applicants applying for vacancies, the site is currently experiencing slow load times,” the statement reads.

“Our technicians are working diligently to rectify the problem as quickly as possible. Please be assured that the application process deadline remains August 20, 2024.”

NNPC also reassured applicants of a transparent and merit-based recruitment process, urging capable Nigerians to take advantage of this unique opportunity.

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Zenith Bank seeks NGX approval to sell 5bn shares through rights issue

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Zenith Bank Plc has sought approval from the Nigerian Exchange (NGX) Limited to sell 5.23 billion shares through rights issue to raise N188.37 billion.

According to a statement on Wednesday signed by Godstime Iwenekhai, head of the issuer regulation department at NGX, the qualification date for the rights issue is July 24.

NGX said Zenith Bank applied for the approval through Stanbic IBTC Stockbrokers Limited, the lender’s its stockbroker.

The capital market regulator said Zenith Bank plans to list a rights issue “of Five Billion, Two Hundred and Thirty-Two Million, Seven Hundred and Forty-Eight Thousand, Nine Hundred and Sixty-Four (5,232,748,964) ordinary shares of 50 Kobo each at N36.00 per share on the basis of one (1) new ordinary share for every six (6) existing ordinary shares held as at the close of business on Wednesday, 24 July 2024″.

On April 12, Zenith Bank announced plans to raise an undisclosed amount in the international and Nigerian capital markets.

According to the company, the funds shall be raised through the issuance of ordinary shares, or preference shares, whether by way of private placement, rights issue or both.

The company also said the board would propose increasing its issued share capital — from N15,698,246,893.50 to N31,396,493,787 — at the AGM.

Zenith Bank’s plan to raise capital comes after the Central Bank of Nigeria (CBN), on March 28, directed commercial, merchant and non-interest banks to increase their minimum capital requirements.

CBN adjusted the capital base for commercial banks with international licences to N500 billion, while national and regional financial institutions’ capital bases were pegged at N200 billion and N50 billion, respectively.

With a capital base of N270.75 billion, Zenith Bank needs N229.25 billion to reach the minimum capital requirement of N500 billion.

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‘600k households paid’ as FG resumes cash transfer scheme

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Wale Edun, the minister of finance, says over 600,000 households have benefited from the direct cash transfer programme of the federal government following the resumption of payments.

Edun spoke on Thursday in Abuja during the half-year review ministerial press briefing, themed, ‘Economic Recovery and Growth: Progress and Prospects 2024’.

On July 18, 2023, President Bola Tinubu ordered an immediate review of the conditional cash transfer scheme — an intervention initiative coordinated by the national social investment programme agency (NSIPA).

The president later suspended all programmes administered by NSIPA for six weeks, as part of a probe of alleged malfeasance in the management of the agency and its programmes.

During a radio interview session in Kaduna, Mohammed Idris, the minister of information and national orientation, disclosed the federal government’s plan to resume the intervention schemes.

Speaking at the press briefing, the minister reiterated Tinubu’s commitment to the welfare of ordinary Nigerians and the government’s efforts to ensure transparency and accountability in its social protection initiatives.

“Following the resumption of payments, over 600,000 households have already received this direct transfer this week,” Edun was quoted as saying in a statement by in a statement on by Mohammed Manga, the ministry’s director of information and public relations.

Edun said the government has made significant strides in its economic reforms, “well on its way to achieving a step-change in the revenues of the government; closely in line with the budget for 2024”.

He also announced the government’s exit from the ways and means borrowing mechanism, highlighting successes of the government’s reforms while citing a projected budget deficit of 4 percent in the 2024 fiscal year.

Edun acknowledged the temporary hardships caused by the reforms but assured that Nigerians would soon benefit from the expected outcomes.

He said the government’s “well-coordinated economic policies are beginning to yield results, evidenced by the deceleration in inflation growth, a rise in foreign investments compared to the same period last year”.

The minister said one of the major priorities of the incumbent government in the immediate term is to reduce food prices and focus on providing all the necessary support to increase local food production, given the impact of high food prices on inflation.

He said efforts are underway to achieve this goal.

The minister said with the outcome of the first half of 2024, “the economy is turning the corner.”

Edun added that with macroeconomic stability, the economy is being well positioned for sustained and inclusive growth that creates jobs, lifts millions out of poverty, and drives domestic and foreign investments that would improve the general wellbeing of the average Nigerian.

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Bodex F. Hungbo, SPMIIM is a multiple award-winning Nigerian Digital Media Practitioner, Digital Strategist, PR consultant, Brand and Event Expert, Tv Presenter, Tier-A Blogger/Influencer, and a top cobbler in Nigeria.

She has widespread experiences across different professions and skills, which includes experiences in; Marketing, Media, Broadcasting, Brand and Event Management, Administration and Management with prior stints at MTN, NAPIMS-NNPC, GLOBAL FLEET OIL AND GAS, LTV, Silverbird and a host of others

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