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Reps to investigate Customs duties paid to CBN



Reps C’ttee asks FIRS to return N4.6bn to FCT

…As NBET faces sanctions over N19m blown on foreign training***

The House of Representatives on Thursday resolved to investigate customs duties remitted by commercial banks to the Central Bank of Nigeria (CBN) since January.

The decision followed the adoption of a motion entitled, “Need to Investigate the Customs Duties Remitted by Commercial Banks to the Central Bank of Nigeria (CBN) from January 2014 till Date, sponsored by Rep. Jerry Alagbaoso and 11 others.

Alagbaoso said the aim of the motion was to obtain proofs that such remittances were made.

He alleged that banks delayed remittances to government in spite of the implementation of e-payment procedure.

“Nearly all the service providers of the Nigeria Customs Service handed over their Build Operate and Transfer  services to the personnel of the Nigeria Customs Service on Dec. 1, 2013.

“There is a new regime of e-payment that all government revenues, such as customs duties, when paid, will be credited to the Central Bank of Nigeria almost instantly or within 24 hours.

“I am also aware that banks provide online, all the Forms M applied for by importers and so banks should not delay or hold on to government revenues, especially customs duties, in order to shore up their deposit base, liquidity or balance in their residual accounts or divert or invest them for some quick returns on investment,”.

The legislator  alleged that some accounting officers in the banks appeared to lose sight of the status of approved Forms M and their utilisation.

“And in some cases, they do not bear in mind the allowable period of non-utilisation just to dump the Forms M, which adversely affects the payment of full duties.

“Also some accounting officers in the banks ignore the difference between the utilisation and application of the Form M,’’ he said.

The legislator said such attitude by banks negated ‘’the CBN’s guidelines for FOREX issuance of Form M and its  utilisation within an allowable prosecution or litigation period which tends to affect customs duties negatively”.

The Speaker of the assembly, Rep. Yakubu Dogara mandated the Committee on Customs and Excise to carry out the probe and report back within eight weeks.

In the meantime, the Nigerian Bulk Electricity Trading Plc (NBET) has blown $55,000(N19 million) on training of 20 members of its staff in Denmark.

The cost of the four-day training is outside the flight tickets and exigencies.

The federal government is said to be worried that the agency violated its directive to all parastatals on January 22, 2016, placing embargo on  foreign training and international travels by public servants in all Ministries, Departments and Agencies.

The agency is belived not to have sought the permission of the supervising Ministry of Power, Works and Housing. The programme was between October 23 and 27.

The row generated by the overseas training made the government to rate it as “suspect”.

A source, who spoke in confidence, said: “The government is worried that NBET ignored the circular banning foreign training for staff. It also did not refer the training to the supervising ministry for input and approval.

“Apart from the large number of employees on the trip, the Ministry of Power, Works and Housing has discovered that the training could be done locally.

“The contents of the course can be handled by some institutions, like Pan-Africa University, specialised universities and management centres.

“Alternatively, the resource persons could have been flown to Nigeria for the four-day training.

“We discovered that NBET merely blew scarce resources on unnecessary training in Denmark. The agency paid DKK 339,375, including 25% VAT (DKK 68, 875)—(about $55,000), for the training outside the expenditures incurred on flight and allowances.

“The government is looking into this and will take appropriate action against the management of NBET.”

Proposals for participation or attendance of international Conferences, Seminar, Workshops, Study Tours, Trainings, Presentation of Papers, Negotiation/Signing of Memoranda of Understanding (MOU) abroad at Government expense, shall no longer be allowed except those that are fully funded by sponsoring/inviting Organization;

No Ministry Extra-Ministerial Office, Department, Agency or Parastatal shall send staff outside Nigeria for training at Government expense-whether or not that Agency draws funds from the Federal Government Budget or meets its financial needs from revenue generated by itself;

According to a document obtained by our correspondent, the management of NBET had entered into an agreement with the Department of Management of Aarhus School of Business and Social Sciences, Aarhus University for a  four-day Professional Training Programme for 20 officials.

The agreement said in part: “The programme focus is on the use of scenario planning, systems thinking and strategic modeling in the electricity sector. It explores how these methods can create an advantage for NBET and provide tools and frameworks for understanding the challenges laying ahead for the organization.

“The progamme is designed on the basis of the Aarhus BSS course: System Thinking and Scenario Analysis, and customized for the specific request of NBET. (“Training Programme”)



NEPZA Boss Says Nation’s Free Trade Zones Not Really `Free’



The Nigeria Export Processing Zones Authority (NEPZA) says the country’s Free Trade Zones are business anchorages that have for decades been used to generate revenues for the Federal Government.

Dr Olufemi Ogunyemi, the Managing Director of NEPZA, said this in a statement by the authority’s
Head of Corporate Communications, Martins Odeh, on Monday in Abuja, stressing that the the widely held notion that the scheme is a `free meal ticket’ for investors and not a means for the government to generate revenue is incorrect.

Ogunyemi said this public statement was essential to clarify the misunderstanding by various individuals and entities, in and out of government, on the nature of the scheme.

He reiterated the authority’s commitment to enhancing public knowledge of the principal reason for the country’s adoption of the scheme by the NEPZA Act 63 of 1992.

“The Free Trade Zones are not hot spots for revenue generation. Instead, they exist to support socioeconomic development.

“These include but are not limited to industrialisation, infrastructure development, employment generation, skills acquisition, foreign exchange earnings, and Foreign Direct Investments(FDI) inflows,” Ogunyemi said.

The managing director said the NEPZA Act provided exemption from all federal, state, and local government taxes, rates, levies, and charges for FZE, of which duty and VAT were part.

“However, goods and services exported into Nigeria attract duty, which includes VAT and other charges.

“In addition, NEPZA collects over 20 types of revenues, ranging from 500,000 dollars-Declaration fees, 60,000 dollars for Operation License (OPL) Renewal Fees between three and five years.

“There is also the 100-300 dollar Examination and Documentation fees per transaction, which occurs daily.

“There are other periodic revenues derived from vehicle registration and visas, among others.

“The operations within the free trade zones are not free in the context of the word,” he said.

Ogunyemi said the global business space had contracted significantly, adding that to win a sizable space would require the ingenuity of the government to either expand or maintain the promised incentives.

“These incentives will encourage more multinational corporations and local investors to leverage on the scheme, which has a cumulative investment valued at 30 billion dollars.

“The scheme has caused an influx of FDIs; it has also brought advanced technologies, managerial expertise, and access to global markets.

“For instance, the 52 FTZs with 612 enterprises have and will continue to facilitate the creation of numerous direct and indirect jobs, currently estimated to be within the region of 170,000,” he said.

Ogunyemi said an adjustment in title and introduction of current global business practices would significantly advance the scheme, increasing forward and backward linkages.

“This is with a more significant market offered by the Africa Continental Free Trade Agreement (AfCTA).

“We have commenced negotiations across the board to ensure that the NEPZA Act is amended to give room for adjusting the scheme’s title from `Free Trade Zones to Special Economic Zones respectively.

“This will open up the system for the benefit of all citizens,” he said.

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2023 CLPA: Policy Cohesion Imperative For Implementation Of AfCFTA Agreements, Others



Some policy experts and stakeholders have called for policy cohesion across Africa for the successful implementation of multilateral policy decisions.

They spoke on Wednesday during one of the plenaries at the 2023 Conference on Land Policy in Africa (CLPA), held in Addis Ababa.

The CLPA, the fifth in the series, is organised by the tripartite consortium consisting of the African Union Commission (AUC), the African Development Bank (AfDB), and the United Nations Economic Commission for Africa (ECA).

The 2023 edition has the theme, ‘Year of AfCFTA: Acceleration of the African Continental Free Trade Area Implementation’.

Dr Medhat El-Helepi (ECA), chaired the plenary with the sub-theme: ‘Land Governance, Regional Integration, and Intra-Africa Trade: Opportunities and Challenges’.

Panelists at the plenary included Dr Stephen Karingi, Director, Regional Integration and Trade, ECA; Mr Tsotetsi Makong, Head of Capacity Building and Technical Assistance, AfCFTA Secretariat.

Others were Mr Kebur Ghenna, CEO, of the Pan African Chamber of Commerce and Industry (PACCI) and Ms Eileen Wakesho, Director of Community Land Protection at Namati, Kenya.

The event also attracted various stakeholders, including traditional leaders, Civil Society Organisations, and policy decision-makers.

Makong expressed worries over the reluctance of some participants to openly discuss some matters, pleading ‘no go areas of domestic affairs’.

He, however, noted that the issues of land were within the limit of domestic regulations, adding that tenure land security was the solution that would allow intra-African investment that is still low in Africa.

Makong pointed out that the success of the investment protocol under the AfCFTA would depend on countries’ domestic laws that should be in line with the AfCFTA.

“There are guidelines on land reforms that need to be turned into regulations within the domestic systems.

“Policy coherence has to be at the heart of what we do. This can be achieved by engaging everyone including women and youth at the grassroots level.

“Also, you cannot be talking of AfCFTA as of it is just about Ministers of Trade, Economy or Investment. The idea is a totality of the entire governance structure. This is very important,” he said.

Speakers also noted that inclusive land governance was one of the key pillars to enhance Africa’s drive to improve intra-African trade, food security, and sustainable food systems.

They said an inclusive governance system would allow stakeholders to create transparency, subsidiarity, inclusiveness, prior informed participation, and social acceptance by affected communities in land-based initiatives beyond their borders.

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SOLID MINERALS: Alake Revokes 1,633 Mining Titles, Warns Illegal Miners



The Minister of Solid Minerals Development, Dr Dele Alake, on Tuesday, announced the revocation of 1,633 mining titles for defaulting on payment of annual service fees.

Alake made this known at a news conference in Abuja on Tuesday, saying his decision was in compliance with the law, the Mining Cadastral Office (MCO) on Oct.  4, began the process of revoking 2,213 titles.

“These included 795 exploration titles, 956 small-scale mining licences, 364 quarry licences and 98 mining leases.

“These were published in the Federal Government Gazette Number 178, Volume 110 of Oct. 10 with the notice of revocation for defaulting in the payment of annual service fee.

“The mandatory 30 days expired on Nov. 10. Only 580 title holders responded by settling their indebtedness.

“With this development, the MCO recommended the revocation of 1, 633 mineral titles as follows: Exploration Licence, 536; Quarry Licence, 279; Small Scale Mining Licence, 787 and Mining Lease, 31.

“In line with the powers conferred on me by the NMMA 2007, Section 5 (a), I have approved the revocation of the 1,633 titles,” the minister said.

*Dele Alake, Minister of Solid Minerals

He said that the titles would be reallocated to more serious investors.

He warned the previous holders of the titles to leave the relevant cadaster with immediate effect.

He said that security agencies would work with the mines inspectorate of the ministry to apprehend any defaulter found in any of the areas where titles had been revoked.

“We have no doubt in our mind that the noble goals of President Bola Tinubu to sanitise the solid minerals sector and position the industry for international competitiveness are alive and active.

“We appeal to all stakeholders for their co-operation in achieving these patriotic objectives and encourage those who have done business in this sector the wrong way to turn a new leaf.

“Ultimately, the Nigerian people shall be the winners,” he said.

According to Alake, It is indeed very unconscionable for corporate bodies making huge profits from mining to refuse to give the government its due by failing to pay their annual service fee.

“It is indeed a reasonable conjecture that such a company will even be more unwilling to pay royalties and honour its tax obligations to the government.

“The amount the companies are being asked to pay is peanut compared to their own revenue projections.

” For example, the holder of an exploration title pays only N1,500 per cadastral unit not exceeding 200 units. Those holding titles covering more than 200 units pay N2,000 per unit, In short, the larger the area your title covers, the more you pay.

“This principle was applied to ensure that applicants do not hold more than they require to explore.

“With a cadastral unit captured as a square of 500 metres by 500 metres, any law-abiding title holder should not hesitate to perform its obligations,” he said.

The minister said that every sector required a governance system that regulated the conduct of its participants, the procedures for entry and exit, the obligations of the government to participants and the penalties for non-compliance.

He said that the philosophy of the Nigerian Minerals and Mining Act 2007 was to establish a rational system of administering titles transparently and comprehensively to ensure a seamless transition from reconnaissance to exploration and from exploration to mineral extraction.

“The principal agency for the administration of titles is the MCO, which receives applications, evaluates them, and issues titles with the approval of the office of the minister of solid minerals development.

“Although the MCO has tried to improve its efficiency by adopting new application administration technology, it continues to face challenges in monitoring the compliance of title holders,” he said.“Although the MCO has tried to improve its efficiency by adopting new application administration technology, it continues to face challenges in monitoring the compliance of title holders,” he said.

He warned illegal miners to desist from their illegal activities as their “days were numbered”. 

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