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Lawsuit Challenging Proposed Lafarge Sale to Chinese Firm Resumes Wednesday

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Lafarge Africa

By Adedapo Adesanya

The Federal High Court in Ikoyi, Lagos will resume hearing a suit challenging the proposed sale of Lafarge Africa Plc to Chinese firm, Huaxin Cement Limited on Wednesday, June 11.

This follows a major legal blow to Lafarge Africa and its parent company, Holcim Group, after the court dismissed a motion seeking to challenge its jurisdiction to hear the case.

‎The suit was initiated by Strategic Consultancy Limited, a Nigerian firm and shareholder in Lafarge Africa, over what it described as a “surreptitious” divestment of the company’s 83.81 per cent majority shares held by Holcim Group.

‎The planned sale to Huaxin Cement, a Chinese-based multinational, is at the centre of the controversy.

Business Post reports that the Senate had also raised an embargo to the deal.

‎The court is expected to examine whether the transaction violates Nigerian laws, including the Companies and Allied Matters Act (CAMA) 2020.

Others are the Securities and Exchange Commission Act, and the Nigeria Investment Promotion Commission (NIPC) Act, especially in relation to minority shareholder rights and dealings with foreign entities not registered in Nigeria.

‎Lafarge Africa, which is publicly listed on the Nigerian Exchange (NGX) Limited, became a dominant force in the local cement market after acquiring 83 per cent stake in three former federal government-owned cement firms during the privatisation exercises of 2001 and 2002.

Holcim Group, a Swiss multinational and majority owner of Lafarge Africa, had notified the Securities and Exchange Commission (SEC) of an ongoing internal restructuring.

‎However, Strategic Consultancy alleged that the planned share divestment was conducted secretly and without giving local shareholders, including itself, the right of first refusal or opportunity to acquire the shares.

‎Meanwhile the suit, filed against Lafarge Africa, Holcim Group, the NGX, and the Central Securities Clearing System (CSCS) Plc, noted that the transaction undermines the rights of minority shareholders and involved unlawful dealings with unregistered foreign corporations.

Recall that the May 15 proceedings presided over by Justice Lewis Allagoa ruled against Lafarge’s preliminary objection contesting its jurisdiction.

‎The objection, raised by Mr Babatunde Fagbohunlu (SAN) for Lafarge and Mr Uzoma Azikiwe (SAN) for Holcim Group, was dismissed following arguments from Mr D.A. Awosika (SAN), counsel to Strategic Consultancy Limited.

‎“The 1st and 2nd defendants’ motion objecting to the Court’s jurisdiction is hereby dismissed,” Justice Allagoa had ruled.

‎However in a further twist, the court ordered that Caricement BV (Netherlands) and Associated International Cements Ltd (England) be joined as the 5th and 6th defendants, respectively.

‎Both entities were identified by the respondents as beneficial owners of the shares in question.

“The court also granted leave to serve the new parties with court documents outside Nigeria

‎“It is hereby ordered that the persons sought to be joined herein and hereby joined as prayed and leave to issue and serve the originating summons out of jurisdiction is hereby granted,” the judge held back then.

Adedapo Adesanya is a journalist, polymath, and connoisseur of everything art. When he is not writing, he has his nose buried in one of the many books or articles he has bookmarked or simply listening to good music with a bottle of beer or wine. He supports the greatest club in the world, Manchester United F.C.

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Economy

Food Concepts Return NASD OTC Exchange to Danger Zone

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NASD OTC exchange

By Adedapo Adesanya

Food Concepts Plc neutralized the gains recorded by three securities, returning the NASD Over-the-Counter (OTC) Securities Exchange into the negative territory with a 0.27 per cent loss on Thursday, December 4.

Yesterday, the share price of the parent company of Chicken Republic and PieXpress declined by 34 Kobo to sell at N3.15 per unit compared with the previous day’s N3.49 per unit.

This shrank the market capitalisation of the OTC bourse by N5.72 billion to N2.136 billion from N2.142 trillion and weakened the NASD Unlisted Security Index (NSI) by 9.57 points to 3,571.53 points from 3,581.10 points.

Business Post reports that Central Securities Clearing System (CSCS) Plc went down by 50 Kobo to N38.50 per share from N38.00 per share, FrieslandCampina Wamco Nigeria Plc gained 29 Kobo to sell at N55.79 per unit versus N55.50 per unit, and Geo-Fluids Plc added 5 Kobo to close at N4.60 per share compared with Wednesday’s closing price of N4.55 per share.

Trading data indicated that the volume of securities recorded at the session surged by 6,885.3 per cent to 4.3 million units from the 61,570 units posted a day earlier, the value of securities increased by 10,301.7 per cent to N947.2 million from N3.3 million, and the number of deals went up by 146.7 per cent to 37 deals from the 15 deals achieved in the previous trading session.

At the close of business, Infrastructure Credit Guarantee Company (InfraCredit) Plc was the most traded stock by value on a year-to-date basis with the sale of 5.8 billion units for N16.4 billion, trailed by Okitipupa Plc with 170.4 million units worth N8.0 billion, and Air Liquide Plc with 507.5 million units valued at N4.2 billion.

InfraCredit Plc also finished the session 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 traded for N524.9 million.

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Economy

Investors Gain N97bn from Local Equity Market

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Nigerian equity market

By Dipo Olowookere

The upward trend witnessed at the Nigerian Exchange (NGX) Limited in recent sessions continued on Thursday as it further improved by 0.10 per cent.

This was despite investor sentiment turning bearish after the local equity market ended with 23 price gainers and 28 price gainers, indicating a negative market breadth index.

UAC Nigeria gained 10.00 per cent to finish at N88.00, Morison Industries appreciated by 9.94 per cent to N3.54, Ecobank rose by 8.53 per cent to N36.90, and Coronation Insurance grew by 8.47 per cent to N2.56.

On the flip side, Ellah Lakes depreciated by 10.00 per cent to N13.14, Eunisell Nigeria also shed 10.00 per cent to finish at N72.90, Transcorp Hotels slipped by 9.95 per cent to N157.50, Omatek shrank by 9.23 per cent to N1.18, and Guinea Insurance dipped by 8.46 per cent to N1.19.

Yesterday, the All-Share Index (ASI) went up by 152.28 points to 145,476.15 points from 145,323.87 points and the market capitalisation chalked up N97 billion to finish at N92.726 trillion compared with the previous day’s N92.629 trillion.

Customs Street was bubbling with activities on Thursday, though the trading volume and value slightly went down, according to data.

A total of 1.9 billion stocks worth N19.2 billion exchanged hands in 23,369 deals during the session versus the N2.3 billion valued at N21.0 billion traded in 21,513 deals a day earlier.

This showed that the number of deals increased by 8.63 per cent, the volume of transactions depleted by 17.39 per cent, and the value of trades decreased by 8.57 per cent.

For another trading day, eTranzact led the activity chart with 1.6 billion units sold for N6.4 billion, Fidelity Bank traded 31.0 million units worth N589.3 million, GTCO exchanged 28.3 million units valued at N2.5 billion, Zenith Bank transacted 27.1 million units for N1.6 billion, and Ecobank traded 21.9 million units worth N744.3 million.

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Economy

Naira Loses 18 Kobo Against Dollar at Official Market, N5 at Black Market

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forex Black Market

By Adedapo Adesanya

The Naira marginally depreciated against the United States Dollar in the Nigerian Autonomous Foreign Exchange Market (NAFEM) on Thursday, December 4 amid renewed forex pressure associated with December.

At the official market yesterday, the Nigerian currency lost 0.01 per cent or 18 Kobo against the Dollar to close at N1,447.83/$1 compared with the previous day’s N1,447.65/$1.

It was not a different scenario with the local currency in the same market segment against the Pound Sterling as it further shed N15.43 to sell for N1,930.97/£1 versus Wednesday’s closing price of N1,925.08/£1 and declined against the Euro by 20 Kobo to finish at N1,688.74/€1 compared with the preceding session’s N1,688.54/€1.

Similarly, the Nigerian Naira lost N5 against the greenback in the black market to quote at N1,465/$1 compared with the previous day’s value of N1,460/$1 but closed flat against the Dollar at the GTBank FX counter at N1,453/$1.

Fluctuations in trading range is expected to continue during the festive season as traders expect the Nigerian currency to be stable, supported by intervention s by to the Central Bank of Nigeria (CBN)in the face of steady dollar demand.

Support is also expected in coming weeks as seasonal activities, particularly the stylised “Detty December” festivities, will see inflows that will give the Naira a boost after it depreciated mildly last month, according to a new report.

“As the festive Detty December season intensifies, inbound travel, tourism spending, and diaspora inflows are expected to provide moderate support for FX liquidity,” analysts at the research unit of FMDA said in its latest monthly report for November.

Traders cited by Reuters expect that the Naira will trade within a band of N1,443-N1,450 next week, buoyed by improved FX interventions by the apex bank.

Meanwhile, the crypto market was down as the US Federal Reserve’s preferred inflation gauge, core PCE, likely rose in September—moving in the wrong direction. However, volatility indices show no signs of major turbulence.

If the actual figure matches estimates, it would mark 55 straight months of inflation above the US central bank’s 2 per cent target. The sticky inflation would strengthen the hawkish policymakers, who are in favour of slower rate cuts.

Ripple (XRP) depreciated by 4.5 per cent to $2.08, Solana (SOL) went down by 3.8 per cent to $138.11, Litecoin (LTC) shrank by 3.1 per cent to $83.23, Dogecoin (DOGE) slid by 2.5 per cent to $0.1463, Cardano (ADA) declined by 2.1 per cent to $0.4368, Bitcoin (BTC) fell by 0.9 per cent to $91,975.45, Binance Coin (BNB) crumbled by 0.9 per cent to $899.41, and Ethereum (ETH) dropped by 0.7 per cent to $3,156.44, while the US Dollar Tether (USDT) and the US Dollar Coin (USDC) closed flat at $1.00 apiece.

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