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SEC DG Insists ‘My Suspension by Adeosun Illegal’

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By Dipo Olowookere

The suspended Director-General of Securities and Exchange Commission (SEC), Mr Mounir Gwarzo, has maintained that his removal from office in November 2017 by the Minister of Finance, Mrs Kemi Adeosun, did not follow due process.

Mr Gwarzo, while responding to a recent verdict of the House of Representatives Committee on Capital Market, which upheld his suspension, said the Minister erred in removing him from office without following the laid down rules.

The former capital market regulatory chief said if there was any arm of government that should be unhappy about the way and manner he was suspended, it should be the legislature “as the Minister of Finance acted against the provisions of ISA 2007 which is an Act of the National Assembly.”

In a statement personally signed by him, Mr Gwarzo said only President Muhammadu Buhari, who appointed him into office, has the power to remove him.

Below is his full letter.

Recent decisions by the Federal House of Representatives (The House) with respect to their public hearing and investigations on the cases against the Executive Secretary of the National Health Insurance Scheme (NHIS), some Directors of the National Emergency Management Agency (NEMA) and that against me with respect to my suspension as the Director General of the Securities and Exchange Commission (SEC) are puzzling.

The House had at its sitting on the 18th of April 2018 while adopting the report of its Committee on Capital Market and Institutions headed by Rep Tajudeen Ayo Yusuf said that I indeed has a case to answer and that the Minister of Finance Kemi Adeosun was right to have suspended me it therefore stated that “the suspension of the Director General of SEC, Mounir Gwarzo stands”.

I was suspended by the Minister of Finance Mrs. Kemi Adeosun on 29thNovember 2017. She based the suspension on petitions of corrupt practices and breaches of the public service rules levelled against me. However, at a public hearing before the House Committee on Capital Market and Institutions on January 30th, 2018, I noted that not only was due process not followed by the Minister prior to the suspension, she also lacked the authority to suspend me as this power lies solely on the President of the Federal Republic of Nigeria based on her recommendation and upon the confirmation from the senate as clearly captured in S5 (1) ISA 2007 which states that “the Director-General and the three full time Commissioners shall be appointed by the President upon the recommendation of the Minister and confirmation by the Senate.”

As S11 (1) of the Interpretation Act clearly states as follows, “Where an enactment confers a power to appoint a person either to an office or to exercise any functions, whether for a specified period or not, the power includes –

(a)  power to appoint a person by name or to appoint the holder from time to time of a particular office;

(b)  power to remove or suspend him.

The Minister in her letter based my suspension pursuant to the provisions of the Nigerian Public Service Rules (PSR) namely PSR 03405 and PSR 03406 however as I informed the public hearing, these provisions do not exist in Nigeria’s Public Service Rules and as we all know you can’t build something on nothing. What exist are PSR 030405 and PSR 030406.PSR 030405 merely provides for the responsibility of an interdicted officer or officer under suspension to make notification of his intention to leave his station or the country.  While PSR 030406 requires a prima facie case to be established against an officer before he could be suspended. In my case,a prima facie case is yet to be established against me although I was invited by the Independent Corrupt Practices Commission (ICPC) after my suspension.Also, the Minister only set up an Administrative Panel after my suspension inviting me to appear on 8 January 2018 over the same subject matter.

Furthermore, according to PSR 160103, the PSR would only apply to the SEC DG or any staff of SEC in the absence of any statute, manual, rules, procedures and practices regulating the Securities and Exchange Commission and its staff. It is important at this point to state that my letter of appointment as the DG specifically referred to the ISA 2007 – an Act of the National Assembly as the law governing my conditions of service. Thus all actions relating to my appointment must be in compliance with the ISA as anything outside same would amount to a nullity.

However,  the same House on the recommendation of its Committee on Emergency and Disaster Preparedness would at a sitting on the 20th of April 2018 direct the recall of the suspended Directors of NEMA because according to the Deputy Chairman of the Committee Hon. Ali Isa, investigations had shown that due process was not followed in their suspension and this is even after the Acting Chairman of the Economic and Financial Crimes Commission (EFCC) informed The House that NEMA had based the suspension of the Directors following a recommendation by EFCC who had carried out investigations against the Directors following a petition they received in December 2017and had found them wanting.

A member of the Committee Hon. Gabriel Onyewife also noted that in the case of NEMA there was no evidence of fair hearing and no final judgement had been passed against them as investigation was still in progress, this position was supported by the Speaker of the House, Hon. Yakubu Dogara who said that it was wrong to suspend someone without an opportunity for fair hearing.

In the case of the Executive Secretary NHIS who was suspended by the Minister of Health (but was reinstated 6 months later by the President of the Federal Republic of Nigeria) while investigations against him were still ongoing, and before the release of the report of the Public Hearing by the House of Representatives Committee on Health Services, the Chairman of the Committee Hon. Chike Okafor immediately moved a motion for his protection and immediate recall.

From the above it is obvious that the position of the House that my suspension as the DG, SEC was in order on the mere ground that I had a case to answer when it is clearly obvious that due process was not followed in my caseleaves a lot to be desired.

Recently, the Federal Government through the Office of the Secretary to the Government of the Federation, in the case of the purported suspension of the Director-General, National Women Development Centre, carried out by the centre’s Governing Board which the Federal Government termed as an illegal act and directed the DG to resume her duties immediately.

Part of the statement read as follows, “The Boards and Chief Executive Officers are all appointed by Mr. President, according to stated terms and conditions with clearly established rules and procedures for subjecting Chief Executive Officers to disciplinary measures including suspension from office. In this respect, this process has not been followed.

Government believes in due process, and will not tolerate any arbitrary action taken by any Board of any Federal Government Agency.”

Finally if there is any arm of Government that should be unhappy about the way and manner I was suspended it should be the Legislature as the Minister of Finance acted against the provisions of ISA 2007 which is an Act of the National Assembly.

Mounir Gwarzo

Abuja, Nigeria

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]

Economy

Dangote Raises Investment in Ethiopia to $4bn, Promises Food Security

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Dangote investment Ethiopia

By Modupe Gbadeyanka

Nigerian businessman, Mr Aliko Dangote, has increased his investment in Ethiopia to over $4 billion from $2.5 billion.

During a high-profile visit hosted by Prime Minister Abiy Ahmed, the business mogul informed newsmen in Gode, in Ethiopia’s Somali region, that the expanded scope includes critical infrastructure such as a 110-kilometre pipeline, a 120MW power plant, a polypropylene packaging facility, and a two-million-tonne NPK blending plant, among other new components.

The richest man in Africa described Ethiopia as a key strategic destination for Dangote Group’s long-term investments.

“In total, our declared and signed investments in Ethiopia now exceed $4 billion. This makes Ethiopia the second-largest recipient of our investments in Africa, accounting for nearly nine per cent of our continental outlay between now and 2030,” he said.

He also reaffirmed his commitment to boosting food security across Africa through large-scale fertiliser investments, declaring that the continent has the capacity to feed itself and become a net exporter of agricultural products.

Speaking on the strategic importance of fertiliser in agricultural productivity, Mr Dangote noted that Africa’s food insecurity challenges are largely due to limited access to key inputs.

Africa holds immense agricultural potential, yet continues to grapple with food insecurity due to limited access to fertiliser. Through our investments, we are committed to reversing this trend by boosting productivity, empowering farmers, and advancing a sustainable path to food self-sufficiency,” he stated as he was accompanied to inspect the site of the proposed fertiliser plant, where construction activities are already underway.

He added that his organisation’s ambition, though bold, is achievable with sustained investment in fertiliser production and agricultural infrastructure.

“Africa has the capacity to feed itself and even export to the rest of the world. Our fertiliser investments across the continent are designed to unlock that potential and secure a prosperous future for our people,” Mr Dangote noted.

He further commended Prime Minister Abiy Ahmed’s leadership and vision for economic transformation, saying he is “driving development beyond expectations, but such progress requires strong private sector collaboration. We are proud to partner with Ethiopia to help build one of Africa’s most dynamic economies in the coming decade.”

In his remarks, Mr Ahmed described his guest as a trusted partner and commended the pace of work on the fertiliser project, which he said aligns with Ethiopia’s broader development priorities.

He emphasised that the project would significantly boost domestic fertiliser production, reduce dependence on imports, and provide critical support to millions of Ethiopian farmers.

According to the Prime Minister, the fertiliser plant will also create extensive employment opportunities, strengthen the industrial value chain, and reinforce Ethiopia’s position as an emerging agro-industrial hub in Africa.

“This type of large-scale investment demonstrates the power of strong collaboration between government and the private sector,” he said. “Expanding such partnerships will accelerate economic growth, attract further investment, and improve the livelihoods of our people.”

The Dangote fertiliser initiative is widely seen as a transformative step toward reshaping Africa’s agricultural landscape, with the potential to enhance productivity, reduce import dependence, and drive inclusive economic growth across the continent.

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Economy

FrieslandCampina Wamco, Three Others Raise NASD OTC Exchange by 1.41%

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OTC stock exchange

By Adedapo Adesanya

The NASD Over-the-Counter (OTC) Securities Exchange closed higher by 1.41 per cent on Friday, May 15, supported by four securities on the platform.

During the session, FrieslandCampina Wamco Plc added N14.24 to its share price to sell for N159.00 per unit, in contrast to the previous day’s N144.76 per unit.

Further, Central Securities and Clearing System (CSCS) Plc appreciated by N1.34 to N72.34 per share from N71.00 per share, Geo-Fluids Plc improved its price by 4 Kobo to N2.94 per unit from N2.90 per unit, and Industrial and General Insurance (IGI) Plc gained 1 Kobo to trade at 61 Kobo per share compared with Thursday’s closing price of 60 Kobo per share.

As a result, the NASD Unlisted Security Index (NSI) rose by 58.20 points to 4,188.41 points from 4,130.21 points, and the market capitalisation soared by N34.82 billion to N2.506 trillion from N2.471 trillion on Thursday.

During the session, the volume of trades went up by 180.8 per cent to 1.2 million units from 417,349 units, and the value of transactions increased by 29.8 per cent to N29.8 million from N23.2 million, while the number of deals fell by 22.6 per cent to 24 deals from 31 deals.

Great Nigeria Insurance (GNI) Plc ended the day as the most traded stock by value on a year-to-date basis with 3.4 billion units sold for N8.4 billion, followed by CSCS Plc with 60.8 million units exchanged for N4.1 billion, and Okitipupa Plc with 27.9 million units valued at N1.9 billion.

GNI Plc also closed the session as the most traded stock by volume on a year-to-date basis with 3.4 billion units worth N8.4 billion, followed by Resourcery Plc with 1.1 billion units transacted for N415.7 million, and Infrastructure Guarantee Credit Plc with 400 million units traded for N1.2 billion.

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Economy

Profit-taking Sinks Nigeria’s Equity Market by 0.76% as Bears Take Control

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Nigerian equity market

By Dipo Olowookere

The bears overpowered the Nigerian Exchange (NGX) Limited on Friday, sinking it further by 0.76 per cent when the closing gong was struck by 4 pm.

The nation’s flagship equity market was under selling pressure during the session, as investors booked profits after the shares witnessed price appreciation in the past trading sessions.

The energy sector was the most impacted, as it shed 4.43 per cent. The consumer goods index declined by 0.90 per cent, the banking counter decreased by 0.15 per cent, and the industrial goods sector lost 0.08 per cent, while the insurance counter gained 2.42 per cent, which was not enough to salvage the situation.

Consequently, the All-Share Index (ASI) contracted by 1,912.19 points to 250,330.92 points from 252,243.11 points, and the market capitalisation moderated by 1.225 trillion to N160.444 trillion from N161.669 trillion.

Zichis was the worst-performing stock for the session after it gave up 9.97 per cent to close at N29.43, FTN Cocoa slipped by 9.95 per cent to N8.96, The Initiates slumped by 9.90 per cent to N32.30, LivingTrust Mortgage Bank tumbled by 9.88 per cent to N3.83, and International Energy Insurance dropped 9.71 per cent to trade at N2.79.

The best-performing stock was ABC Transport, which grew by 10.00 per cent to N6.27. May and Baker also appreciated by 10.00 per cent to N47.30, SCOA Nigeria surged by 9.98 per cent to N33.05, Trans-Nationwide Express expanded by 9.97 per cent to N7.06, and DAAR Communications jumped 9.76 per cent to N2.25.

Yesterday, investors traded 1.1 billion shares worth N44.3 billion in 65,744 deals compared with the 1.0 billion shares valued at N41.6 billion transacted in 74,822 deals a day earlier. This indicated a dip in the number of deals by 12.13 per cent, and a rise in the trading volume and value by 10.00 per cent and 6.49 per cent, respectively.

Chams was the busiest equity for the day, with 328.5 million units sold for N1.1 billion. UBA traded 61.6 million units worth N2.7 billion, First Holdco transacted 58.7 million units valued at N4.2 billion, Secure Electronic Technology exchanged 51.9 million units worth N45.0 million, and Access Holdings traded 51.8 million units valued at N1.3 billion.

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