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Tribunal Slams N5m Fine on Four Stockbrokers

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capital market N10b fraud

By Dipo Olowookere

Four stockbroking firms have been ordered to pay the sum of N5 million as fine for engaging in illegal transactions.

The four stockbrokers are Gosord Securities Limited, UIDC Securities Limited, Kapital Care Trust Securities Limited and Union Registrars Limited.

They were found guilty of unlawfully selling shares belonging to an investor worth millions of Naira.

The matter was brought before the Enugu arm of the Investment and Securities Tribunal (IST) by the affected investor, Mr Okam Kalu Ugwu.

He joined the Securities and Exchange Commission (SEC), the apex capital market regulator, and the four firms in the suit.

Chairman of the tribunal, Mr Nosa Smart Osemwengie, while ruling on the case, ordered that all irregular transactions in the Union Bank shares variously numbering 9,740 units, 20,740 units, 13,333, units, 9, 740 units, 25,000 units, 16,000, and 12,986 units contained in different share certificates were illegal, unlawful, null and void.

The Tribunal also ordered that the 16,876 units, 5,000 units, 850 units and 2,813 units of Union Bank shares purportedly covered by four other certificates be expunged from the claim, having not been established by credible evidence.

Furthermore, the IST reached the verdict that Union Registrars Limited, UIDC Securities Limited and Gosord Securities Limited are to restore and restitute the claimant with 549,453 Union Bank shares and all bonuses and dividends in line with capital market rules, practice and procedures not later than 30 days from the date of the judgment.

According to a statement issued by the acting Director, Corporate Affairs at the IST, Mr Kenneth Ezea, Union Registrars Limited was equally ordered to restore the name of the claimant, Dr Okam Kalu Ugwu, in the register of shareholders of Union Bank Plc as relate to the disputed shares in line with capital market rules, practices and procedures not later than 30 days from the date of the judgment.

Also, all irregular transactions in the claimant’s Guinness Plc shares covered by certificate number 22279776 were also declared illegal, null and void and Union Registrars Limited (2nd Defendant) and UIDC Securities Limited (3rd Defendants) were ordered to restore and restitute the claimant with 2,083 units of Guinness Nigeria Plc with accrued bonuses and dividends, unlawfully verified, transferred and sold to third parties through their platforms not later than 30 days from the date of the judgment while Union Registrars (2nd Defendant) is to restore the name of the Claimant in the register of shareholders of Guinness Nigeria Plc.

Kapital Care Trust Securities Limited being the 5th Defendant was ordered to restore and restitute the claimant with the 72,151units of Union Bank shares and accrued bonuses and dividends it unlawfully dealt with in line with Capital Market Rules, Practice and Procedures not later than 30 days from the date of the judgment and as well fined N100,000 to be paid into the coffers of the Federal Government of Nigeria for breach of professional ethics in dealing with shares of the claimant.

In addition, the sum of N5 million was awarded as general damages against the Union Registrar Ltd, UIDC Securities Limited and Gosord Securities Ltd jointly and severally in favour of the claimant.

Restating the account of the case, Mr Osemwengie said the action was commenced by way of Originating Application filed by the claimant, Dr Okam Kalu Ugwu, a Medical Doctor, who claimed that he had over a total of 549,453 units of Union Bank shares at all material time to the commencement of the action.

He alleged that a total of 133,078 units of the shares were unlawfully verified, dematerialized and transferred to 3rd parties by some of the defendants without his authority, consent and knowledge.

The claimant alleged further that the Union Registrars Ltd joggled its shareholding such that another 416,375 units of his Union Bank shares cannot be accounted for.

He alleged further that his 2,083 units of Guinness Plc shares were also unlawfully verified, dematerialised and transferred to 3rd parties through the 2nd Defendant, Union Registrars, without his authority, consent and knowledge.

Dr Ugwu informed the court that all his share certificates were kept in his residence at Federal Medical Centre, Umuahia, Abia State and that sometime on the July 30, 2007, he received a caution notice from First Registrars that some of his shares had been provided for verification.

Alarmed that he did not give any instruction on his shares, he raced to where he kept his share certificates only to discover that they had disappeared.

The claimant contended that Union Registrars did not respond to the letter written to it, rather it went ahead and dealt with the claimant’s shares.

As a follow up to the letter already sent to the 2nd Defendant, the claimant, on December 4, 2007, went to the office of the 2nd defendant to demand for details on his shareholding account. The claimant said he met one Mr Akeem who told him to produce copies of the share certificates and dividend warrant stumps to help in reconciling his account. This, the claimant said he supplied to Mr Akeem.

On December 16, 2007, the claimant wrote another letter to the 2nd defendant reiterating his previous demands for details on his accounts, but no response was given. He decided to write a letter dated April 6, 2009 asking the 2nd defendant to place a caveat on his shares.

However, the claimant was surprised to receive a letter from the 2nd defendant in December 2009 purported to have been written to him since December 30, 2008. Enclosed in the letter were purported statement of account of the shareholding with Union Bank of Nigeria Plc dated January 26, 2009 containing 71, 311 units of shares, purported dividend report and CSCS transaction on his share accounts.

The defendants even traced the theft of the share certificates to an in-law of the claimant who was a stockbroker but finding no merits in their defence the tribunal blamed them for failure to exercise caution and apply the standard know your customer precautions even when duly forewarned. They were restrained from further dealing unlawfully with the claimant’s shares.

SEC, being the 1st defendant, was exonerated from liability “From the totality of evidence before us, we do not think the 1st defendant has breached his statutory role as apex regulatory body. We therefore hold that the 1st defendant has performed its duties reasonably well.”

But SEC was directed, under its regulatory powers, to supervise, monitor and ensure compliance by the 2nd, 3rd, 4th and 5th defendants to the orders of the tribunal not later than 30 days from the date of this judgment.

SEC is also to ensure that shares restored and restituted to claimant are moved to the stockbroker company of his choice.

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

Naira Trades N1,533/$1 at Official Market, N1,650/$1 at Parallel Market

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Naira at P2P Market

By Adedapo Adesanya

The Naira appreciated further against the United States Dollar at the Nigerian Autonomous Foreign Exchange Market (NAFEM) by N1.50 or 0.09 per cent to close at N1,533.00/$1  on Friday, December 13 versus the N1,534.50/$1 it was transacted on Thursday.

The local currency has continued to benefit from the Electronic Foreign Exchange Matching System (EFEMS) introduced by the Central Bank of Nigeria (CBN) this month.

The implementation of the forex system comes with diverse implications for all segments of the financial markets that deal with FX, including the rebound in the value of the Naira across markets.

The system instantly reflects data on all FX transactions conducted in the interbank market and approved by the CBN.

Market analysts say the publication of real-time prices and buy-sell orders data from this system has lent support to the Naira in the official market and tackled speculation.

In the official market yesterday, the domestic currency improved its value against the Pound Sterling by N12.58 to wrap the session at N1,942.19/£1 compared with the previous day’s N1,954.77/£1 and against the Euro, it gained N2.44 to close at N1,612.85/€1 versus Thursday’s closing price of N1,610.41/€1.

At the black market, the Nigerian Naira appreciated against the greenback on Friday by N30 to sell for N1,650/$1 compared with the preceding session’s value of N1,680/$1.

Meanwhile, the cryptocurrency market was largely positive as investors banked on recent signals, including fresh support from US President-elect, Mr Donald Trump, as well as interest rate cuts by the European Central Bank (ECB).

Ripple (XRP) added 7.3 per cent to sell at $2.49, Binance Coin (BNB) rose by 3.5 per cent to $728.28, Cardano (ADA) expanded by 2.4 per cent to trade at $1.11, Litecoin (LTC) increased by 2.3 per cent to $122.56, Bitcoin (BTC) gained 1.9 per cent to settle at $101,766.17, Dogecoin (DOGE) jumped by 1.2 per cent to $0.4064, Solana (SOL) soared by 0.7 per cent to $226.15 and Ethereum (ETH) advanced by 0.6 per cent to $3,925.35, while the US Dollar Tether (USDT) and the US Dollar Coin (USDC) remained unchanged at $1.00 each.

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Economy

Index Gains 0.63% as Value of Nigerian Exchange Crosses N60trn

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Nigerian Exchange Limited

By Dipo Olowookere

For the fourth consecutive trading session, the Nigerian Exchange (NGX) Limited closed higher on Friday by 0.63 per cent on sustained renewed buying pressure.

Apart from the energy and industrial goods sectors which closed flat, every other sector ended in the green territory, according to data obtained from the bourse.

Business Post reports that the insurance index appreciated by 1.52 per cent, the banking space improved by 0.63 per cent, and the consumer goods counter expanded by 0.46 per cent.

As a result, the All-Share Index (ASI) gained 617.47 points to settle at 99,378.06 points compared with the preceding day’s 98,760.59 points and the market capitalisation went up by 375 billion to close at N60.242 trillion, in contrast to Thursday’s closing value of N59.867 trillion.

The volume of transactions on Customs Street yesterday grew by 11.13 per cent to 544.2 million shares from the 489.7 million shares transacted a day earlier.

The value of transactions increased during the session by 49.30 per cent to N10.6 billion from N7.1 billion and the number of deals went up by 1.93 per cent to 8,464 deals from the 8,304 deals posted in the previous trading session.

The busiest equity for the trading day was Japaul with the sale of 71.7 million units valued at N158.0 million, eTranzact exchanged 70.7 million units worth N477.5 million, Tantalizers sold 57.3 million units for N101.2 million, FCMB traded 33.0 million units worth N297.3 million, and Universal Insurance transacted 27.1 million units valued at N9.6 million.

A total of 36 stocks ended on the gainers’ chart, while 15 stocks finished on the losers’ table, indicating a positive market breadth index and strong investor sentiment.

The trio of Aradel Holdings, Ikeja Hotel and Caverton gained 10.00 per cent each to trade at N550.00, N8.80, and N1.98, respectively, as Africa Prudential rose by 9.87 per cent to N17.25 and Golden Guinea Breweries soared by 9.64 per cent to N8.64.

On the flip side, Austin Laz lost 10.00 per cent to close at N1.62, ABC Transport crashed by 8.00 per cent to N1.15, Royal Exchange slumped by 7.69 per cent to 60 Kobo, Secure Electronic Technology plunged by 5.26 per cent to 54 Kobo, and The Initiates crumbled by 4.26 per cent to N2.25.

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Economy

Oil Jumps on Fresh Sanctions Amid Ease in Interest Rates, Demand Boost

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crude oil supply disruption

By Adedapo Adesanya

Oil climbed by about 2 per cent on Friday on expectations that additional sanctions on Russia and Iran could tighten supplies and that lower interest rates in Europe and the US could boost fuel demand.

Brent futures went up by $1.08 or 1.5 per cent to settle at $74.49 a barrel and the US West Texas Intermediate (WTI) futures expanded by $1.27 or 1.8 per cent to close at $71.29 per barrel.

European Union ambassadors agreed to impose a 15th package of sanctions on Russia this week over its war against Ukraine, targeting its shadow tanker fleet.

The sanctions would target vessels from third countries supporting Russia’s war in Ukraine and add more individuals and entities to the sanctions list.

The sanctions package is likely to be formally adopted at a meeting of EU foreign ministers on Monday and will target close to 30 entities, over 50 individuals and 45 tankers.

Also, the US is considering similar moves that might target some Russian oil exports, before Donald Trump returns to the White House.

Britain, France and Germany told the United Nations Security Council they were ready if necessary to trigger a so-called “snap back” of all international sanctions on Iran to prevent the country from acquiring nuclear weapons.

The move comes as Iran has suffered a series of strategic setbacks, including Israel’s assault on Tehran’s proxy militias Hamas in Gaza and Hezbollah in Lebanon and the ouster of Iranian ally Bashar al-Assad in Syria.

Meanwhile, data from China this week showed that crude imports in the world’s top importer grew annually in November for the first time in seven months.

There are expectations that China’s crude imports will remain elevated into early 2025 as refiners opt to lift more supply from top exporter Saudi Arabia, drawn by lower prices, while independent refiners rush to use their quota.

The International Energy Agency (IEA) increased its forecast for 2025 global oil demand growth to 1.1 million barrels per day from 990,000 barrels per day last month, citing China’s stimulus measures.

The Paris-based energy watchdog forecast an oil surplus for next year, when nations not in the Organisation of the Petroleum Exporting Countries (OPEC) and allies, OPEC+ group, are set to boost supply by about 1.5 million barrels per day, driven by Argentina, Brazil, Canada, Guyana and the US.

The United Arab Emirates (UAE), an OPEC member, plans to reduce oil shipments early next year as OPEC+ seeks tighter discipline.

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