Economy
SEC Lied, Never Gave us Fair Hearing—Oando Insists
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.”
By Dipo Olowookere
The decision of investors to cherry-pick stocks with sound fundamentals across categories further lifted the Nigerian Exchange (NGX) Limited by 1.28 per cent on Wednesday.
This selective buying of equities was inspired by the earnings season, as companies that have already released their 2025 financial statements have impressed market participants.
However, the insurance sector experienced profit-taking yesterday, causing its index to go down by 0.84 per cent at the close of business.
But this loss was offset by the 2.33 per cent growth achieved by the banking index, with the other remaining sectors also closing in green. The energy industry appreciated by 1.52 per cent, the industrial goods landscape expanded by 1.20 per cent, and the consumer goods counter improved by 1.09 per cent.
As a result, the All-Share Index (ASI) went up by 2,128.61 points to 168,030.18 points from 165,901.57 points and the market capitalization rose by N1.366 trillion to N107.861 trillion from the previous day’s N106.495 trillion.
Yesterday, 53 equities ended on the advancers’ chart and 26 equities finished on the laggards’ table, indicating a positive market breadth index and strong investor sentiment.
DAAR Communications led the gainers’ group after it surged by 10.00 per cent to sell for N1.87, Berger Paints appreciated by 10.00 per cent to N66.00, Fortis Global Insurance advanced by 10.00 per cent to 22 Kobo, RT Briscoe also jumped by 10.00 per cent to N10.45, and First Holdco improved by 9.92 per cent to N48.75.
Conversely, Red Star Express led the losers’ gang after it went down by 9.97 per cent to N17.15, Deap Capital also fell by 9.97 per cent to N6.86, Union Homes REIT slipped by 9.95 per cent to N69.25, McNichols dipped by 9.93 per cent to N6.53, and eTranzact lost 9.89 per cent to trade at N16.85.
At the midweek’s session, traders transacted 694.8 million shares worth N20.6 billion in 42,095 deals compared with the 736.4 million shares valued at N24.7 billion traded in 46,026 deals a day earlier, showing a shortfall in the trading volume, value, and number of deals by 5.65 per cent, 16.60 per cent, and 8.54 per cent, respectively.
Chams ended the day as the busiest stock after trading 57.4 million units worth N256.3 million, Universal Insurance transacted 56.2 million units valued at N88.8 million, First Holdco exchanged 35.3 million units for N1.7 billion, Deap Capital traded 26.8 million units valued at N187.0 million, and Wema Bank sold 26.7 million units worth N674.6 million.
By Adedapo Adesanya
Oil prices surged about 3 per cent on Wednesday after it was reported that planned talks between the United States and Iran on Friday could collapse.
Brent futures grew by $2.13 or 3.16 per cent to $69.46 a barrel, while the US West Texas Intermediate (WTI) futures gained $1.93 or 3.05 per cent to trade at $65.14 per barrel.
The US and Iran had agreed to meet on Friday in Istanbul, with other Middle Eastern countries participating as observers.
However, the Iranians said on Tuesday that they wanted to move the talks to Oman and hold them in a bilateral format, to ensure that they focused only on nuclear issues and not other matters like missiles that are priorities for the US and countries in the region.
US officials were at first open to the request to change the location but then rejected it.
Later, the talks scheduled for Friday were back on, after several Middle Eastern leaders urgently lobbied the Trump administration on Wednesday afternoon not to follow through on threats to walk away.
The talks will be held in Muscat, the capital of Oman, on Friday.
The tensions between the US and Iran and heightened fears of potential disruption to oil flows through the Strait of Hormuz, where 20 per cent of the world’s oil supply passes through.
Members of the Organisation of the Petroleum Exporting Countries (OPEC) such as Saudi Arabia, Iran, the United Arab Emirates, Kuwait and Iraq export most of their crude via the strait.
Recall that the US military on Tuesday shot down an Iranian drone that aggressively approached a US aircraft carrier in the Arabian Sea. Separately, a group of Iranian gunboats approached a US-flagged tanker north of Oman.
The US Energy Information Administration (EIA) said on Wednesday that US crude stocks fell last week as a winter storm gripped large swaths of the country.
US crude oil inventories fell by 3.5 million barrels to 420.3 million barrels last week, as oil output slid to the lowest level since November 2024, the EIA said.
The EIA’s data release follows figures by the American Petroleum Institute (API) that were released a day earlier, which suggested that crude oil inventories fell by a colossal 11.1 million barrels.
By Modupe Gbadeyanka
Dangote Petroleum Refinery and Petrochemicals has described reports making the rounds that it was importing finished petroleum products like premium motor spirit (PMS), otherwise known as petrol, diesel, and others into Nigeria as false and misleading.
In a chat with newsmen on Wednesday, the company clarified that what it brought into the country were merely intermediate or semi‑processed materials, which it emphasized is a standard practice within the global refining industry.
Intermediate materials—such as naphtha, straight‑run gas oil, vacuum gas oil (VGO), reformate, alkylate and isomerate—serve as feedstock for additional refining into finished fuels like petrol and diesel, as well as petrochemicals.
The chief executive of the facility, Mr David Bird, told journalists in Lagos that as a state‑of‑the‑art and large‑scale merchant refinery, DPRP refines crude oil and processes intermediate feedstocks into premium petroleum products and petrochemicals that meet the highest international standards, noting that this practice does not amount to importing finished petroleum products.
Mr Bird highlighted that Dangote Refinery operates using a European and Asian merchant refinery model, which integrates advanced refining, blending and trading systems designed to meet modern quality and environmental benchmarks.
“DPRP produces high‑quality fuels aligned with international environmental and health standards. Our gasoline is lead‑free and MMT‑free with 50 parts per million sulphur, while our diesel meets ultra‑low sulphur specifications. These standards help reduce emissions, protect engines, and safeguard public health,” the chief executive stated.
Mr Bird reaffirmed that the Dangote Refinery supplies only fully refined, market‑ready products, adding that semi‑finished fuels are unsuitable for vehicles and are therefore not released into the Nigerian market. Samples of both intermediate feedstocks and fully refined products were displayed to journalists during the briefing.
He further noted that the refinery was established to end years of exposure to substandard fuel in Nigeria by providing products that meet stringent global standards, adding that DPRP’s products are now exported to international markets, highlighting their quality and competitiveness.
The refinery chief stressed the company’s commitment to transparency in its operations and engagements with regulators, urging the media to help properly educate the public on the clear distinction between intermediate products and finished fuel.
“It is unfortunate that some individuals are deliberately spreading misleading narratives about a refinery that has transformed Nigeria and the West African region from a dumping ground for substandard fuels into a hub for high‑quality products,” he said, adding that the refinery’s flexible design allows it to process a diverse mix of crude oils and intermediate feedstocks into premium finished fuels.
Mr Bird assured Nigerians of sustained product availability, noting that the refinery has contributed significantly to easing fuel scarcity, stabilising the naira, and reducing pressure on foreign exchange.
On his part, the Chief Brand and Communications Officer of Dangote Industries Limited, Mr Anthony Chiejina, urged journalists to be precise in their choice of terminology, warning that inaccurate reporting could misinform the public and create unnecessary panic.
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