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Supreme Court: In Defence of CBN

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Old N1000 notes

By Chris Enyinnaya

The Supreme Court (SC) judgement of 10 March 2023 ordering the validity of N500 and N1000 notes as legal tender currency up till 31 December 2023 came to us, professional bankers, as a surprise.

It is a surprise because the SC failed to take a holistic look at the law relating to banking, of which their judgement has become a part in taking such a far-reaching decision that is capable of truncating the Central Bank of Nigeria (CBN) monetary policy which is already being implemented in the current year.

In particular, the policy targets moderation of inflation and encouraging business transactions to be routed through the banking system.

For the avoidance of doubt, banking practice by convention overrides banking law. Against that background, the SC judgement extending the validity of N500 and N1000 notes as legal tender up to 31 December 2023 is not enforceable. This is so because there is a gap between banking law and banking practice. Let me explain this intriguing point.

Under s.9(2) Bills of Exchange Act 1990 as amended, “when the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the amount payable”. But in banking practice such cheques are dishonoured by nonpayment with the reason “Amount In Words And Figures Differs”.

Again under s.3(4)(a) Bills of Exchange Act 1990 as amended “A bill is not invalid by reason that it is not dated”. Yet in banking practice, an undated cheque is dishonoured by nonpayment with the reason “Date Required”. This practice may seem naive but one reason for this practice is the practical effect of date on a cheque which fixes the time the drawer of the cheque assumes liability on it.

This matter becomes clearer in Woods v Martins Bank and Anor.(1959) 1 QB 55. Salmon J at page 70 said “In my judgement, the limits of a banker’s business cannot be laid down as a matter of law. The nature of such a business must in each case be a matter of fact and accordingly cannot be treated as if it were a matter of pure law”. Therefore the business of CBN in currency management cannot be treated as if it were a matter of pure law.

Another point to be added is that banking practice in Nigeria with regard to currency management has international dimensions. There is no country in the world where the Supreme Court orders what is legal tender currency no matter how the matter is packaged and brought to it for adjudication. This is more so as the Nigerian Constitution makes currency related matters as an executive function with the CBN as an agent of the Federal Government with constitutional powers to issue and manage legal tender currency exclusively.

It is this writer’s considered opinion with all due respect that the Supreme Court Judges over reached themselves in making an order that nullifies the CBN’s actions on the validity of the legal tender currency. In all good conscience, is it proper to overrule the CBN on a matter that the Act or law establishing it mandates it to do? What is the motivation for such a far reaching order? Will the Supreme Court stop legislators from legislative duties simply because it is the highest court of the land whose order is final when such an order is not sustainable?

The truth of the matter is that the Supreme Court of Nigeria has been politicised. And the political class have been using it as a convenient platform to commit unlawful acts. The Supreme Court judgement making a candidate that came fourth in a governorship election as the winner is a case in point.

In the matter under discussion, the Supreme Court listened to the plea of politicians that are not knowledgeable in matters of currency management to make a political order. The complainants claim that the CBN deceived President Muhammadu Buhari into approving the Naira redesignation policy which dates back to 2012 as part of the cashless policy.

Let it be said that the Naira is in danger if the International Monetary Fund, the World Bank and other Multilateral Organizations have the slightest reason to believe that the issuing, management and circulation of the Naira is driven by political considerations. Such a situation will invariably increase Nigeria’s sovereign risk which will negatively affect the exchange rate of the Naira vis a vis other international currencies.

It is indeed heartwarming that President Muhammadu Buhari told the Supreme Court when they issued the interim injunction extending the validity of the N500 and N1000 notes to March 10 that much as he follows the rule of law, he will not obey their order. The CBN on their part followed suit by saying that they are not bound by that interim injunction. Now the Attorney General of the Federation is saying that currency matters are not part of his brief.

Because banking practice overrides banking law, the Supreme Court order on the N500 and N1000 is a mere academic exercise.
Because banking practice overrides banking law, the Supreme Court order on the N500 and N1000 is a mere academic exercise. The CBN which is mandated by law to issue legal tender currency has stopped issuing the old N500 and N1000 notes and withdrawn them from circulation. On what then does the Supreme Court order attach? Nothing, absolutely nothing. That is the crux of the matter.

The painful thing is that at the end of the day, it is citizens that were deceived by the governors to keep transacting with the withdrawn N500 and N1000 notes that will bear the loss. In that case the claim of the governors that claim they went to court to defend their citizens who are suffering because of the CBN policy would have been proved to be an exercise in futility.

This writer will appeal to those asking the Federal Government and the CBN to obey the Supreme Court order to hold their peace. Currency management is very complicated and their wish if granted will only cause chaos in the Nigerian economy.

Chris Enyinnaya is a fellow, Chartered Institute of Bankers

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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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