Economy
NEITI Moves to Uncover Real Owners of Oil, Mining Companies
By Dipo Olowookere
The Nigeria Extractive Industries Transparency Initiative (NEITI) has expressed its willingness to unravel real owners of companies in the country, especially in the oil, gas and mining sectors.
The agency described Nigeria’s membership of Open Government Partnership (OGP) as a timely platform to achieve this aim.
Speaking at a Consultative Forum on OGP in Abuja, the Executive Secretary of NEITI, Mr Waziri Adio, disclosed that, “Knowing how much companies paid in the form of taxes, royalty, rents etc. and how much government received is important, but not enough. Knowing those who are the real owners of the companies is critical to checking corruption, money laundering, drug and terrorism financing, tax avoidance and evasion.”
Mr Adio urged the Federal Government to enact a special legislation that will compel companies in the extractive sector to make public the names and identities of their real owners.
He also called on the President to issue an Executive Order on compulsory beneficial ownership disclosure by extractive industries companies in Nigeria. He explained that such legislation can be embedded or part of the Petroleum Industry and Governance Bill (PIGB) and should also constitute amendments to the Companies and Allied Matters Act (CAMA).
Mr Adio announced that nine countries including Nigeria have published EITI reports that disclosed the beneficial owners of one or more companies.
He also told participants that 43 EITI implementing countries have published roadmaps on beneficial ownership out of which twenty, including Nigeria, plan to establish public registers of beneficial owners by 2020.
The Executive Secretary noted that NEITI has published a road map on beneficial ownership disclosure which provided clear definition of who beneficial owners are the level of details to be disclosed and institutional framework that are required for effective implementation of beneficial ownership disclosure.
The document also defined Politically Exposed Persons (PEPs) and their reporting obligations, challenges around data collection, reliability, accessibility, timeliness and provided clear guides on them.
The NEITI Executive Secretary identified the absence of specific legal framework that imposes mandatory beneficial ownership disclosure as a major challenge to the implementation of ownership transparency in Nigeria.
While acknowledging the existence of laws like the Companies and Allied Matters Act, Freedom of Information Act, Code of Conduct and Tribunal Act and Public Complaints Commission Act as relevant legislations for beneficial ownership, he noted that there are other policies of the Nigerian government that support efforts at ownership disclosures.
They include the Financial Action Task Force, Bank Verification Number, Automation and Access to Corporate Affairs Commission’s register.
Mr Adio remarked that because of the limitations of these policies and laws, they can at best be used as interim and complementary instruments while efforts should be made to make them more effective in demanding for the disclosure of the real owners of companies operating in Nigeria especially in the extractive industry.
He said in fulfilment of the requirement of the global EITI, NEITI duly reported beneficial ownership of companies covered in its 2012, 2013 and 2014 oil, gas and solid minerals audits.
According to him, “In the 2013 oil and gas audit by NEITI, forty one (41) out of the forty four (44) companies covered responded to NEITI questions and inquiries by returning the completed templates on beneficial ownership.
“However, most of the ownership information were about the legal owners as opposed to the beneficial owners or real owners of the Companies.”
Mr Adio identified delay and refusal to provide the real information on the audit templates, confusion over ownership structure (legal), conflict with existing confidentiality agreements, negative perception of beneficial ownership by covered entities (witch hunting), inconsistencies between beneficial ownership disclosures and information in CAC, use of surrogates by Politically Exposed Persons and government officials, as some of the challenges confronting NEITI.
Earlier in his presentation, the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami, reiterated the commitment of the Federal Government to the implementation of beneficial ownership disclosure in Nigeria.
According to him, “More than ever before, the Government is determined to implement the legal basis on which beneficial ownership is founded from both an international and national perspectives”.
Mr Malami noted that some business entities exist solely on paper without the requisite obligation to list the real people who actually own or control them.
The Attorney General argued that “in the extractive industry, for example, these business entities are used to hold extractive rights and provide a channel for transferring extracted resources out of the host countries without paying specified royalties and taxes.
“These practices also allow the beneficial owners to avoid responsibility for violation of laws and regulations on labour and tax.”
Based on the requirement of the global EITI, NEITI has been doing some pioneering work in this direction since 2013.
The EITI defines beneficial owner as the natural person(s) who directly or indirectly benefits from, owns or controls the corporate entity. EITI standard requires that countries must disclose their beneficial owners by January 2020 and recommends establishment of beneficial ownership register.
The roadmap developed by NEITI on beneficial ownership envisaged the need for capacity building for all stakeholders that will be involved in the implementation of ownership transparency given the complexity of the extractive industries.
Nigeria was admitted into the Open Government Partnership (OGP) in 2016, following her commitment to the Open Government Partnership (OGP) Principles on Transparency, Accountability and Citizens Participation. One of the commitments under the Nigeria OGP National Action Plan is the need to ensure transparency of beneficial owners of businesses.
This commitment underscores the determination of Nigeria to fight corruption by ensuring transparency and accountability in the conduct of government business.
By Adedapo Adesanya
Energy stocks influenced the 4.76 per cent loss recorded by the NASD Over-the-Counter (OTC) Securities Exchange on Friday, December 5.
The culprits were the duo of 11 Plc and Nipco Plc,with the former shedding N32.17 to end at N291.83 per share compared with the previous day’s N324.00 per share, and the latter down by N21.00 to sell at N195.00 per unit versus the previous session’s N216.00 per unit.
Consequently, the NASD Unlisted Security Index (NSI) slumped by 170.16 points to 3,401.37 points from 3,571.53 points and the market capitalisation lost N101.81 billion to close at N2.035 billion from the N2.136 trillion quoted in the preceding session.
The OTC securities exchange suffered the decline yesterday despite the share prices of three companies closing green.
Central Securities Clearing System (CSCS) Plc was up by N1.80 to close at N39.80 per share compared with Thursday’s price of N38.00 per share, Air Liquide Plc appreciated by N1.09 to N11.99 per unit from N10.90 per unit, and FrieslandCampina Wamco Nigeria Plc grew by 78 Kobo to N56.57 per share from N55.79 per share.
During the session, the volume of transactions rose by 6,885.3 per cent to 18.2 million units from 4.3 million units, the value of transactions ballooned by 10,301.7 per cent to N389.7 million from N347.2 million, but the number of deals declined by 29.7 per cent to 26 deals from 37 deals.
Infrastructure Credit Guarantee Company (InfraCredit) Plc ended the day as the most traded stock by value on a year-to-date basis with 5.8 billion units worth N16.4 billion, followed by Okitipupa Plc with 170.4 million units valued at N8.0 billion, and Air Liquide Plc with 507.5 million units worth N4.2 billion.
InfraCredit Plc also finished the day as the most traded stock by volume on a year-to-date basis with 5.8 billion units transacted for N16.4 billion, followed by Industrial and General Insurance (IGI) Plc with 1.2 billion units sold for N420.2 million, and Impresit Bakolori Plc with 536.9 million units worth N524.9 million.
By Adedapo Adesanya
The Naira depreciated further against the US Dollar in the Nigerian Autonomous Foreign Exchange Market (NAFEX) on Friday, December 5, as FX demand pressure mounts.
The Nigerian currency lost N2.60 or 0.18 per cent against the greenback to close at N1,450.43/$1 compared with the previous day’s N1,447.83/$1.
Equally, the domestic currency declined against the Pound Sterling in the official forex market during the session by N4.48 to trade at N1,935.45/£1, in contrast to Thursday’s closing price of N1,930.97/£1 and shrank against the Euro by 43 Kobo to end at N1,689.17/€1 versus the preceding session’s rate of N1,688.74/€1.
Similarly, the local currency performed badly against the US Dollar at the GTBank FX counter by N2 to close at N1,455/$1 versus Thursday’s N1,453/$1 but traded flat at the parallel market at N14.65/$1.
As the country gets into the festive period, pressure mounted on the local currency reflecting higher foreign payments and lower FX inflows.
However, there are expectations that the Nigerian currency will be stable, supported by interventions by to the Central Bank of Nigeria (CBN) in the face of steady dollar Demand and inflows from Detty December festivities that will give the Naira a boost after it depreciated mildly last month.
Traders cited by Reuters expect that the Naira will trade within a band of N1,443-N1,450/$1 next week, buoyed by improved FX interventions by the apex bank.
As for the crypto market, it was down yesterday due to profit-taking associated with year-end trading. However, the December 1-Year Consumer Inflation Expectation by the University of Michigan fell to 4.1 per cent from 4.5 per cent previously and 4.5 per cent expected. The 5-Year Consumer Inflation Expectation fell to 3.2 per cent from 3.4 per cent previously and 3.4 per cent expected.
With the dearth of official economic data of late, these private surveys have taken on a new level of significance and the market banks of them to make decisions.
Cardano (ADA) depreciated by 5.7 per cent to $0.4142, Dogecoin (DOGE) slid by 5.1 per cent to $0.1394, Ethereum (ETH) dropped by 3.9 per cent to $3,039.75, Solana (SOL) declined by 3.8 per cent to $133.24, and Litecoin (LTC) fell by 3.7 per cent to $80.59.
Further, Bitcoin (BTC) went down by 2.6 per cent to sell at $89,683.72, Binance Coin (BNB) slumped by 2.2 per cent to $883.59, and Ripple (XRP) shrank by 2.1 per cent to $2.04, while the US Dollar Tether (USDT) and the US Dollar Coin (USDC) remained unchanged at $1.00 each.
By Adedapo Adesanya
The oil market was up on Friday on increasing expectations the US Federal Reserve will cut interest rates next week, which could boost economic growth and energy demand.
Brent futures rose by 49 cents or 0.8 per cent to $63.75 per barrel and the US West Texas Intermediate (WTI) futures expanded by 41 cents or 0.7 per cent to $60.08 per barrel.
Investors digested a US inflation report and recalibrated expectations for the Federal Reserve to reduce rates at its December 9-10 meeting.
US consumer spending increased moderately in September after three straight months of solid gains, suggesting a loss of momentum in the economy at the end of the third quarter as a lackluster labor market and the rising cost of living curbed demand.
Traders have been pricing in an 87 per cent chance that the US central bank will lower borrowing costs by 25 basis points next week, according to CME Group’s FedWatch Tool.
Investors also focused on news from Russia and Venezuela to determine whether oil supplies from the two sanctioned members of the Organisation of the Petroleum Exporting Countries and allies (OPEC+) will increase or decrease in the future.
The failure of US talks in Moscow to achieve any significant breakthrough over the war in Ukraine has helped to boost oil prices so far this week.
A loss of Venezuelan oil production in case of a US military intervention will materially impact global benchmark prices as the market will have to replace Venezuela’s heavy crude.
Venezuela is estimated to pump about 1.1 million barrels per day of crude oil at present, so if the US-Venezuela tension escalation into an invasion in the South American country, this volume of crude would be at risk.
Reuters reported that the Group of Seven countries and the European Union are in talks to replace a price cap on Russian oil exports with a full maritime services ban in a bid to reduce the oil revenue that helps finance Russia’s war in Ukraine.
Any deal that could lift sanctions on Russia, the world’s second-biggest crude producer after the US, could increase the amount of oil available to global markets, weakening prices.
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