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Egmont’s Suspension Of Nigeria: A Case For NFIC Bill

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By Walter Duru, Ph.D

Three weeks ago, the hammer of the world’s watchdog on money laundering and terrorist financing, Egmont Group of Financial Intelligence Units fell on Nigeria for non-compliance with global best standards. The crux of the matter is the absence of autonomy for the Nigeria Financial Intelligence Unit-NFIU.

The suspension which was announced at the Egmont Group meeting held in China from July 2nd to 7th, 2017, was following the refusal of Nigeria to make NFIU autonomous in its funding, operations and management of financial intelligence. The failure of Nigeria to pass a law making the NFIU independent is the kernel of the matter.

If Nigeria fails to comply with the group’s demand for a legal framework granting autonomy to the NFIU by January, 2018, the country will be expelled from the global body, which provides the backbone for monitoring international money laundering and terrorist financing activities.

When expelled, Nigeria will no longer be able to benefit from financial intelligence shared by the other one hundred and fifty member-countries, including the United States of America and the United Kingdom, while the country’s ability to recover stolen funds abroad will be hampered.

Another major consequence will be the blacklisting of Nigeria in international finance, and this could affect the issuance of MasterCard and Visa credit and debit cards by Nigerian banks. In fact, financial instruments from Nigeria may not be honoured abroad.

It could also affect the international rating of Nigerian financial institutions, restricting their access to some major international transactions. Nigeria’s membership of the Egmont Group ensured the removal of Nigerian banks from the blacklist of international finance. The blacklisting had prevented the banks from engaging in correspondent banking with foreign institutions and also denied Nigerians access to foreign credit cards.

Joining the Egmont group of FIUs was not easy for Nigeria. It is in fact, one of the greatest legacies of the former President Olusegun Obasanjo’s administration. The suspension of Nigeria is a heavy blow; a major setback, and If Nigeria is expelled, then the country is in real mess.

Nigeria claims to have its FIU as an autonomous Unit in the Economic and Financial Crimes Commission; a situation that has exposed the country to international ridicule and embarrassment. Events over the years clearly show that there is no semblance of autonomy enjoyed by the NFIU.

The constant leaking of sensitive intelligence to Nigerian media, contrary to global best practices and the indiscriminate removal of FIU Directors by successive chairmen of the EFCC say it all.

In 2014, the Egmont Group warned Nigeria that it may suspend her if she refuses to enact a law granting NFIU autonomy. This warning never made any difference, as those opposed to the move worked very hard to suppress information and bend the rules. Now, that which stakeholders tried to avoid has finally happened. The worst- expulsion will certainly happen if we do not call the enemies of the country to order and do the needful.

There are four types of globally acknowledged Financial Intelligence Units. The first is the administrative type-FIU, which focuses on the traditional functions of an FIU- to collect, analyse and disseminate financial intelligence to law enforcement agencies and other authorized entities. This type of FIU does not engage in law enforcement or prosecution.

Next is the law enforcement type of FIU, which performs Police functions of arrest, detention, interrogation, investigation and prosecution; in addition to the traditional functions of an FIU, thereby becoming the custodians of Intelligence, as well as the end users.

The third type is the Judicial FIU, which engages in collation and analysis of financial intelligence, investigation, as well as prosecution of offenders; while the fourth is the hybrid type of FIU, which is a combination of the elements in the three earlier mentioned, depending on domestic preferences.

Nigeria joined the Egmont Group in 2007, opting for an administrative type of FIU. Having registered as an administrative FIU, it must be outside a law enforcement agency. The claim that we have our FIU in EFCC is indeed ridiculous. More laughable is that the EFCC Act describes the EFCC as Nigeria’s FIU.

The major advantage of an administrative-type FIU is that it focuses on the traditional functions of an FIU and not encumbered with police and prosecutorial duties. Indeed, the mandate of the FIU is different from that of law enforcement agencies such as the police and the EFCC. While law enforcement agencies carry out investigations and also prosecute, FIUs do not. This allows for specialization, separation of powers and responsibilities, checks and balances, transparency and accountability. Concentration of multiple responsibilities in the FIU beyond the traditional duties makes the FIU susceptible to abuse of such powers.

For example, in the United States of America, just like Nigeria, where there is more than one law enforcement agency, the FIU is located in the Department of Treasury/Finance. This is to separate the functions of intelligence collection from police duties (investigation) and judicial functions (prosecution), lest there will be over concentration of powers and abuse of such powers.

Similarly, countries such as Canada, Australia, Belgium and France have their FIUs located in their respective Ministries of Finance.

Of all the 14 countries in West Africa with an FIU, Nigeria is the only jurisdiction that currently domiciles its FIU in a law enforcement agency – EFCC, even when it is registered as an administrative-type FIU. This is a misnomer. Ten of the West African countries have their FIUs domiciled in their respective Ministries of Finance, while two others have theirs domiciled in Central Banks and one in Ministry of Justice.

The surest way out of the country’s present quagmire is the enactment of a law that grants autonomy to the NFIU. This is the exact thing the Nigeria Financial Intelligence Agency/Centre Bill presently being considered by the National Assembly seeks to achieve.

The Nigeria Financial Intelligence Centre Bill will ensure that the NFIU is not tied to any agency but will have adequate measures to build an independent financial intelligence system.

The Bill seeks to establish the Nigerian Financial Intelligence Centre as the central body in Nigeria responsible for receiving, requesting, analysing and disseminating financial and other related information to all law enforcement, security agencies and other relevant authorities, as well as exchange of intelligence with over 150 FIUs globally.

NFIC is to serve all law enforcement agencies, regulators and other authorized agencies (EFCC, ICPC, DSS, NDLEA, CBN, CUSTOMS, POLICE, NAPTIP, CBN etc) and domiciling it in any of the interested agencies/parastatals will mean giving undue advantage to one over the others.

In Ghana, the FIU has an independent board and Executive Director. It is located under the Ministry of Finance. In Gambia, the FIU is located in the Central Bank; while in Senegal, Benin, Burkina Faso, Niger, Cote d’Ivoire, Mali and Togo, it is located under the Ministry of Finance.

More so, the mandate of an FIU is different from that of law enforcement; while law enforcement agencies carry out investigations and also prosecute, FIUs do not.

Nigeria opted for an administrative FIU when it registered with the Egmont group in 2007. Having registered an administrative FIU, the operations have to be outside a law enforcement agency.

Majority of the administrative FIU types all over the world are administrative and none, apart from Nigeria is domiciled in a law enforcement centre. They are mostly domiciled in the Ministry of Finance, Justice or Central Bank.

In addition, it is a misnomer to have an independent Board for the proposed Nigeria Financial Intelligence Centre within an EFCC that has a Board with an Executive Chairman. It will not work, as there will be conflict. There cannot be an independent Board within a parastatal.

Also, it is always best to separate the functions of intelligence collection from Police duties so as to avoid overconcentration of powers and the natural consequence of abuse. NFIC as being contemplated today will address inter agency rivalry.

It is on record that Nigeria applied for membership of the Financial Action Task Force and the FATF assessment team is expected in Nigeria in November, 2017, and without the NFIC law in operation, Nigeria cannot be admitted. The country remains disconnected from the secured Web of the Egmont group of FIUs. Only a truly independent FIU can guarantee a way forward for the country.

In the light of the international obligations and standards imposed by various international instruments, to which Nigeria has acceded to, it is imperative that steps are taken to properly define and establish the Nigeria Financial Intelligence Centre, by clearly defining its mandates in the law.

As the National Assembly deliberates on the NFIC Bill, stakeholders must jettison every form of sentiment and support the move to align Nigeria with international best practices, especially, at this critical period of terrorism, which financing is mainly done through money laundering.

Only a truly independent Financial Intelligence Centre can address the country’s security challenges through effective money laundering and terrorist financing checks.

Civil Society, Media and all sectors of the country’s economy must join the crusade to save the country by strengthening the legal framework against corruption, money laundering and terrorist financing.

All hands must be on deck!

Dr Walter Duru is a Public Affairs analyst; Executive Director, Media Initiative against Injustice, Violence and Corruption- MIIVOC and Chairman, Freedom of Information Coalition, Nigeria- FOICN and can be reached on: [email protected]

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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The Future of Payments: Key Trends to Watch in 2025

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Luke Kyohere

By Luke Kyohere

The global payments landscape is undergoing a rapid transformation. New technologies coupled with the rising demand for seamless, secure, and efficient transactions has spurred on an exciting new era of innovation and growth. With 2025 fast approaching, here are important trends that will shape the future of payments:

1. The rise of real-time payments

Until recently, real-time payments have been used in Africa for cross-border mobile money payments, but less so for traditional payments. We are seeing companies like Mastercard investing in this area, as well as central banks in Africa putting focus on this. 

2. Cashless payments will increase

In 2025, we will see the continued acceleration of cashless payments across Africa. B2B payments in particular will also increase. Digital payments began between individuals but are now becoming commonplace for larger corporate transactions. 

3. Digital currency will hit mainstream

In the cryptocurrency space, we will see an increase in the use of stablecoins like United States Digital Currency (USDC) and Tether (USDT) which are linked to US dollars. These will come to replace traditional cryptocurrencies as their price point is more stable. This year, many countries will begin preparing for Central Bank Digital Currencies (CBDCs), government-backed digital currencies which use blockchain. 

The increased uptake of digital currencies reflects the maturity of distributed ledger technology and improved API availability. 

4. Increased government oversight

As adoption of digital currencies will increase, governments will also put more focus into monitoring these flows. In particular, this will centre on companies and banks rather than individuals. The goal of this will be to control and occasionally curb runaway foreign exchange (FX) rates.

5. Business leaders buy into AI technology

In 2025, we will see many business leaders buying into AI through respected providers relying on well-researched platforms and huge data sets. Most companies don’t have the budget to invest in their own research and development in AI, so many are now opting to ‘buy’ into the technology rather than ‘build’ it themselves. Moreover, many businesses are concerned about the risks associated with data ownership and accuracy so buying software is another way to avoid this risk. 

6. Continued AI Adoption in Payments

In payments, the proliferation of AI will continue to improve user experience and increase security.  To detect fraud, AI is used to track patterns and payment flows in real-time. If unusual activity is detected, the technology can be used to flag or even block payments which may be fraudulent. 

When it comes to user experience, we will also see AI being used to improve the interface design of payment platforms. The technology will also increasingly be used for translation for international payment platforms.

7. Rise of Super Apps

To get more from their platforms, mobile network operators are building comprehensive service platforms, integrating multiple payment experiences into a single app. This reflects the shift of many users moving from text-based services to mobile apps. Rather than offering a single service, super apps are packing many other services into a single app. For example, apps which may have previously been used primarily for lending, now have options for saving and paying bills. 

8. Business strategy shift

Recent major technological changes will force business leaders to focus on much shorter prediction and reaction cycles. Because the rate of change has been unprecedented in the past year, this will force decision-makers to adapt quickly, be decisive and nimble. 

As the payments space evolves,  businesses, banks, and governments must continually embrace innovation, collaboration, and prioritise customer needs. These efforts build a more inclusive, secure, and efficient payment system that supports local to global economic growth – enabling true financial inclusion across borders.

Luke Kyohere is the Group Chief Product and Innovation Officer at Onafriq

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Ghana’s Democratic Triumph: A Call to Action for Nigeria’s 2027 Elections

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ghana election 2024

In a heartfelt statement released today, the Conference of Nigeria Political Parties (CNPP) has extended its warmest congratulations to Ghana’s President-Elect, emphasizing the importance of learning from Ghana’s recent electoral success as Nigeria gears up for its 2027 general elections.

In a statement signed by its Deputy National Publicity Secretary, Comrade James Ezema, the CNPP highlighted the need for Nigeria to reclaim its status as a leader in democratic governance in Africa.

“The recent victory of Ghana’s President-Elect is a testament to the maturity and resilience of Ghana’s democracy,” the CNPP stated. “As we celebrate this achievement, we must reflect on the lessons that Nigeria can learn from our West African neighbour.”

The CNPP’s message underscored the significance of free, fair, and credible elections, a standard that Ghana has set and one that Nigeria has previously achieved under former President Goodluck Jonathan in 2015. “It is high time for Nigeria to reclaim its position as a beacon of democracy in Africa,” the CNPP asserted, calling for a renewed commitment to the electoral process.

Central to CNPP’s message is the insistence that “the will of the people must be supreme in Nigeria’s electoral processes.” The umbrella body of all registered political parties and political associations in Nigeria CNPP emphasized the necessity of an electoral system that genuinely reflects the wishes of the Nigerian populace. “We must strive to create an environment where elections are free from manipulation, violence, and intimidation,” the CNPP urged, calling on the Independent National Electoral Commission (INEC) to take decisive action to ensure the integrity of the electoral process.

The CNPP also expressed concern over premature declarations regarding the 2027 elections, stating, “It is disheartening to note that some individuals are already announcing that there is no vacancy in Aso Rock in 2027. This kind of statement not only undermines the democratic principles that our nation holds dear but also distracts from the pressing need for the current administration to earn the trust of the electorate.”

The CNPP viewed the upcoming elections as a pivotal moment for Nigeria. “The 2027 general elections present a unique opportunity for Nigeria to reclaim its position as a leader in democratic governance in Africa,” it remarked. The body called on all stakeholders — including the executive, legislature, judiciary, the Independent National Electoral Commission (INEC), and civil society organisations — to collaborate in ensuring that elections are transparent, credible, and reflective of the will of the Nigerian people.

As the most populous African country prepares for the 2027 elections, the CNPP urged all Nigerians to remain vigilant and committed to democratic principles. “We must work together to ensure that our elections are free from violence, intimidation, and manipulation,” the statement stated, reaffirming the CNPP’s commitment to promoting a peaceful and credible electoral process.

In conclusion, the CNPP congratulated the President-Elect of Ghana and the Ghanaian people on their remarkable achievements.

“We look forward to learning from their experience and working together to strengthen democracy in our region,” the CNPP concluded.

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The Need to Promote Equality, Equity and Fairness in Nigeria’s Proposed Tax Reforms

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By Kenechukwu Aguolu

The proposed tax reform, involving four tax bills introduced by the Federal Government, has received significant criticism. Notably, it was rejected by the Governors’ Forum but was still forwarded to the National Assembly. Unlike the various bold economic decisions made by this government, concessions will likely need to be made on these tax reforms, which involve legislative amendments and therefore cannot be imposed by the executive. This article highlights the purposes of taxation, the qualities of a good tax system, and some of the implications of the proposed tax reforms.

One of the major purposes of taxation is to generate revenue for the government to finance its activities. A good tax system should raise sufficient revenue for the government to fund its operations, and support economic and infrastructural development. For any country to achieve meaningful progress, its tax-to-GDP ratio should be at least 15%. Currently, Nigeria’s tax-to-GDP ratio is less than 11%. The proposed tax reforms aim to increase this ratio to 18% within the next three years.

A good tax system should also promote income redistribution and equality by implementing progressive tax policies. In line with this, the proposed tax reforms favour low-income earners. For example, individuals earning less than one million naira annually are exempted from personal income tax. Additionally, essential goods and services such as food, accommodation, and transportation, which constitute a significant portion of household consumption for low- and middle-income groups, are to be exempted from VAT.

In addition to equality, a good tax system should ensure equity and fairness, a key area of contention surrounding the proposed reforms. If implemented, the amendments to the Value Added Tax could lead to a significant reduction in the federal allocation for some states; impairing their ability to finance government operations and development projects. The VAT amendments should be holistically revisited to promote fairness and national unity.

The establishment of a single agency to collect government taxes, the Nigeria Revenue Service, could reduce loopholes that have previously resulted in revenue losses, provided proper controls are put in place. It is logically easier to monitor revenue collection by one agency than by multiple agencies. However, this is not a magical solution. With automation, revenue collection can be seamless whether it is managed by one agency or several, as long as monitoring and accountability measures are implemented effectively.

The proposed tax reforms by the Federal Government are well-intentioned. However, all concerns raised by Nigerians should be looked into, and concessions should be made where necessary. Policies are more effective when they are adapted to suit the unique characteristics of a nation, rather than adopted wholesale. A good tax system should aim to raise sufficient revenue, ensure equitable income distribution, and promote equality, equity, and fairness.

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