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Economy

SEC Lied, Never Gave us Fair Hearing—Oando Insists

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Oando SEC crisis

By Dipo Olowookere

Embattled Nigerian energy company listed on both the Nigerian Stock Exchange (NSE) and the Johannesburg Stock Exchange (JSE), Oando Plc, has maintained its stance that it was not given the opportunity to defend itself during a forensic audit ordered by the Securities and Exchange Commission (SEC) to look into its books.

SEC had some days ago sanctioned the firm and some board members, with the Group CEO and his deputy asked to resign and barred from being on the board of any publicly quoted firm for a period of five year.

However, this was challenged at a Federal High Court in Lagos and an order obtained by Oando to stop the apex capital market regulator in Nigeria to executive its sanctions.

While reacting to a statement issued by Oando few days ago, SEC said it followed due process in punishing the company and that the firm was given fair hearing.

But Oando in a statement on Monday, said SEC was not truthful in its June 9, 2019 press released because it (Oando) was “not accorded a fair hearing because we simply co-operated with the process and responded to questions posed by the auditors in the course of their fieldwork for findings in a report that the company has still not seen.”

Oando stressed that a “hearing can only be said to be fair when all the parties to a dispute are given an opportunity to present their respective cases, and each side is entitled to know the details of the

case/findings being made against it and is given an opportunity to reply thereto.”

The firm noted that, “Prior to the commencement of the forensic audit, the company was not afforded the same opportunity to meet with the SEC as was afforded to the petitioners, despite repeated written requests to that effect.

“The first of these requests was on Thursday, August 24, 2017 from the Chairman, HRM Oba Michael Adedotun Gbadebo CFR who wrote to the then SEC Director General as follows ‘We would like to request for a meeting with you, in your capacity as Director General of the SEC and regulator on matters involving the securities of our company, to formally table our concerns to you and clarify any further questions that you may have in respect to the issues that we have raised in this and previous letters to the SEC.’

“During the 18 month long forensic audit exercise, the company was never given an opportunity to present its case based on the concerns or findings of the forensic auditor to the SEC.

“In the kick off meeting with Deloitte on the 29th of March 2018, they assured the company that we would be allowed to read their report on the forensic audit and give further clarification or comments on matters raised in their report. Minutes from the meeting which was shared with parties in attendance state ‘Deloitte concluded by repeating that the audit will be done fairly and from a factual perspective. There will be ‘no surprises’. Oando will be allowed to read their report on the forensic audit and give further clarification or comments on matters raised in the report.’

“In the course of Deloitte’s forensic audit exercise, the company had a second meeting with Deloitte on the 1st of November, 2018, and this was at the company’s insistence. At the said meeting, Deloitte promised that on the conclusion of its audit, it would hold a close out meeting with the company, however, this meeting never took place.

“With the exception of the aforementioned meetings, all other engagements with both the SEC and Deloitte were via letters and emails.

“On Monday, February 11, 2019 at Oando’s request the company’s management team met with the SEC for the purpose of getting approval for certain proposed transactions as part of our corporate strategy pending the release of the forensic audit. At the said meeting, the company was assured by the Acting Director General (DG), Mary Uduak, that they would call us in to defend the findings from the forensic report before making a final conclusion. A promise that she has not honoured.

“The company also disagrees with the assertion by SEC in its press release that ‘The actions of

the commission were properly effected pursuant to the provisions of the Investments and Securities Act (ISA) 2007 and the SEC Rules and Regulations mad pursuant to the ISA 2007’.

“Rule 599(1) of the SEC Rules and Regulations establishes the Administrative Proceedings Committee (APC) and states as follows:

“1) Pursuant to sections 310 of the Act, there is hereby established an administrative body to be known as Administrative Proceedings Committee (the Committee) for the purpose of hearing capital market operators and institutions in the market who are perceived to have violated or have actually violated or threatened to violate the provisions of the Act and the rules and regulations made there under and such operators or persons against whom complaints/allegations have been made to the commission”

“By virtue of this provision, it is evident that SEC circumvented its own rules and procedures when

it failed to invite Oando to appear before the APC and hear its position. The commission instead approached the media to publish the purported findings and punitive directives against the company.

“We are aware that the APC forum was rightly adopted by the SEC in the case of Mr Olubunmi

Oladapo Oni vs. Administrative Proceeding Committee & Securities and Exchange Commission (2014) N.W.L.R. (part 1424) 334 ‘The Cadbury Case’, the case of Afolabi Gabriel Oluwaseyi &

9 others vs. BGL Securities Limited & 22 others as well as in the case of the investigation of a certain financial institution. In these aforementioned cases cited, the parties involved were afforded opportunities to be heard before the panel prescribed appropriate punishments.

“For the avoidance of doubt, Schedule VIII of the SEC Rules stipulates as follows:

“The Administrative Proceedings Committee of the Commission is a body established pursuant

to the Investments and Securities Act for the purpose of resolving disputes in the capital market

and giving opportunity for fair hearing to capital market operators and other institutions in the market who are perceived to have violated or have actually violated or threatened to violate the provisions of the ISA and the Rules and Regulations made thereunder or such operators against whom investors have lodged complaint.”

“It would have therefore been in line with due process for the aforementioned committee to have

been rightly constituted by the SEC in accordance with the ISA, in order to afford Oando the

opportunity to present its case.

“We maintain that the SEC has not followed due process, failed to grant Oando a fair hearing, has

acted in a way that is contrary to best practice and has not proven itself to be a fair and reasonable regulator acting in the best interest of the capital market and minority shareholders, in all its dealings on this matter.”

Dipo Olowookere is a journalist based in Nigeria that has passion for reporting business news stories. At his leisure time, he watches football and supports 3SC of Ibadan. Mr Olowookere can be reached via [email protected]

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Economy

SEC Advances Fintech Innovation With Seven New ARIP Approvals

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SEC Nigeria

By Adedapo Adesanya

The Securities and Exchange Commission (SEC) has cleared seven new fintech and digital asset firms for admission into its Accelerated Regulatory Incubation Programme (ARIP), granting them Approval-in-Principle (AIP) to operate within the programme’s regulatory sandbox as part of efforts to promote innovation while protecting investors.

The commission said the move reinforces its commitment to fostering responsible innovation that deepens Nigeria’s capital market without compromising market integrity.

The seven firms set for admission into the programme are Bitbarter Technologies Limited, Luno Fintech Nigeria Limited, GetEquity Limited, Koinkoin Global Network Limited, Wrapped CBDC Ltd, Trovotech Ltd and Blockvault Custodian Ltd.

According to the SEC, the Approval-in-Principle permits the firms to operate within the defined scope of the programme, subject to conditions stipulated by the Commission.

It clarified that the approval is not a final operating licence but confirms that each entity has satisfied the admission requirements for ARIP.

“An Approval-in-Principle confirms that an entity has satisfied the Commission’s admission requirements for the Programme. It is not a final licence and remains conditional on the entity’s continued compliance with all applicable regulatory, operational, and supervisory obligations,” the Commission stated.

The ARIP is a controlled regulatory environment established by the SEC to accelerate the onboarding of digital asset and other investment service providers, including Virtual Asset Service Providers (VASPs) and tokenised product platforms.

The programme enables the Commission to evaluate emerging business models and financial technologies under regulatory supervision before they are offered to the investing public.

According to the commission, the initiative is designed to ensure that adequate safeguards are in place to protect investors while preserving the integrity of Nigeria’s capital market.

The SEC reiterated its commitment to supporting innovation that enhances efficiency, transparency, financial inclusion and sustainable growth in the capital market through initiatives such as ARIP.

It also urged members of the public to verify the regulatory status of individuals or organisations promoting investment products or services through its official channels before committing funds.

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Economy

FG Denies IMF Allegation of 2% GDP Off-Budget Expenditure

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2026 budget tinubu

By Adedapo Adesanya

The Nigerian government has dismissed claims by the International Monetary Fund (IMF) that it spent about two per cent of Nigeria’s Gross Domestic Product (GDP) outside the approved budget.

The widely reported claim was made by the IMF’s Resident Representative in Nigeria, Mr Christian Ebeke, last week. He alleged that the country failed to record public spending equivalent to about two per cent of its GDP in recent official budgets, amounting to about N8 trillion.

But in a statement issued on Sunday, the Minister of Finance and Coordinating Minister of the Economy, Mr Taiwo Oyedele, said the federal government does not operate a “shadow budget” or spend public funds outside the constitutional and statutory framework governing public finance, and described the reports as a misrepresentation of Mr Ebeke’s comments.

He explained that sections 80–83 and 162 of the 1999 Constitution (as amended) provide that public funds can only be withdrawn and spent in accordance with the Constitution and laws enacted by the National Assembly.

According to him, all FG spending is backed by duly enacted Appropriation Acts, Supplementary Appropriation Acts or other statutory authorisations approved by the National Assembly.

Mr Oyedele added that multi-year capital projects, which span several budget cycles, are implemented in line with existing laws and approved capital rollover provisions where applicable.

“These are recognised features of public financial management and should not be misconstrued as expenditures outside the budget,” he said.

He described as inaccurate suggestions that trillions of naira were secretly spent without legislative approval, arguing that such allegations should identify the specific projects allegedly executed without appropriation or legal authority and provide credible evidence to support the claims.

“To be meaningful, assertions of this magnitude must be supported by verifiable facts rather than conjecture.

“For the purpose of public education, it is important to distinguish between appropriation, expenditure authorisation, financing and fiscal reporting,” he added.

Mr Oyedele said Nigeria’s public finance framework includes several statutory transfers, first-line charges and intervention mechanisms established by Acts of the National Assembly.

These, he said, include statutory allocations to development commissions and other agencies created by law, cost of collection and administration retained by designated revenue-collecting agencies, capital expenditure approved under separate budgets for some agencies and the Federal Capital Territory, special interventions for national priorities such as security, infrastructure and disaster response, as well as debt service obligations and other statutory transfers.

The minister maintained that the expenditures are neither secret nor illegal, stressing that they are established by law, disclosed in official fiscal reports and subject to oversight, audit and accountability mechanisms.

“Their treatment for reporting purposes may differ from their presentation in the annual Appropriation Act, particularly under international statistical and reporting standards adopted by the Federal Government. Such classification differences should not be misrepresented as evidence of unlawful expenditure,” he said.

Mr Oyedele also rejected claims that the reported amount represented an increase in Nigeria’s budget deficit.

“A fiscal deficit is determined by the relationship between total government revenues and total government expenditures. Whether a capital project is financed through annual appropriations, supplementary appropriations, statutory transfers, approved intervention mechanisms, or other lawful financing arrangements does not, by itself, increase the fiscal deficit,” he said.

He further explained that the IMF’s observation related primarily to the comprehensiveness, timing and presentation of Nigeria’s fiscal reporting rather than the legality of government expenditure.

According to him, Nigeria, like many other countries, is working to improve the alignment between its budget presentation and international fiscal reporting standards as part of ongoing public financial management reforms.

Mr Oyedele recalled that President Bola Tinubu had, during the presentation of the 2026 Appropriation Bill to a joint session of the National Assembly on December 19, 2025, urged lawmakers to end the practice of operating multiple and overlapping budgets and instead adopt a single, harmonised budget framework.

He said the federal government remains committed to prudent fiscal management, transparency and accountability, adding that recent reforms have strengthened budget credibility, revenue administration, treasury management and the digitalisation of government financial processes.

According to him, these reforms have been acknowledged by the IMF, other multilateral institutions, international credit rating agencies, investors and major global media organisations.

While describing public debate as essential in a democracy, Mr Oyedele urged commentators to base their arguments on facts and a proper understanding of Nigeria’s constitutional and fiscal framework.

“Mischaracterising technical observations as evidence of unlawful expenditure neither advances informed public discourse nor strengthens democratic accountability,” he said.

He added that the federal government would continue to uphold the rule of law, ensure transparency in the management of public resources and work with the National Assembly, oversight institutions, development partners and Nigerians to further strengthen fiscal governance in line with international best practices

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Economy

Ahimie to Position CIS as Key Contributor to Capital Market, National Economy

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Fiona Ahimie

By Dipo Olowookere

The 14th president and chairman of the council of the Chartered Institute of Stockbrokers (CIS), Ms Fiona Ahimie, has promised to position the organisation as a leading professional body contributing meaningfully to the growth and development of the Nigerian capital market and the national economy.

She made this commitment during her swearing-in ceremony on Thursday, June 25, 2026, as the first female leader of the 34-year-old institute.

Ms Ahimie also pledged to strengthen professional excellence, deepen stakeholder engagement, expand financial literacy, promote youth and women’s development, and drive innovation and digital transformation.

The event, which was attended by several capital market stakeholders, was also used as a send-off ceremony for Ms Ahimie’s predecessor, Mr Oluropo Samuel Dada, in recognition of his exemplary leadership and dedicated service to the organisation over the past two years.

Present were Nigeria’s Vice President, Mr Kashim Shettima, represented by the Special Adviser to the President on Economic Affairs, Mr Tope Fasua; the Minister of Women Affairs & Social Development, Ms Imaan Sulaiman-Ibrahim; the Governor of Ekiti State, Mr Biodun Abayomi Oyebanji; the Governor of Lagos State, Mr Babajide Sanwo-Olu, represented by the Commissioner for Finance, Mr Abayomi Oluyomi; the Governor of the Central Bank of Nigeria (CBN), Mr Olayemi Cardoso, represented by the Director of Financial Policy & Regulations at the CBN, Ms Rita Ijeoma Sike; the Director-General of the Securities and Exchange Commission, Mr Emomotimi Agama; the Chairman of First Holdco, Mr Femi Otedola, represented by the chief executive First Holdco, Mr Adebowale Oyedeji; the former DG of the Nigerian Exchange (NGX), formerly known as the Nigerian Stock Exchange (NSE), Ms Ndi Okereke-Onyiuke; and the chairman of NGX Group, Mr Umaru Kwairanga, amongst others.

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