COVER
FRC Indicts 32 MDAs over N1.2trn Surplus fund
…How FG Overvalues Telco Security Network by $490m
By Joseph Chibueze and Torkwase Nyiekaa, Abuja
The Fiscal Responsibility Commission (FRC) has accused 32 government agencies of failing to remit their 80 per cent operating surplus to the Consolidated Revenue Fund (CRF).
The revelation came on heels of the House of Representatives recovery that a Federal Government investment to improve security, built with a loan of $490million was valued at just $17 million after an audit by KPMG.
These and other irregularities, according to FRC, have hindered accurate determination of operating surplus liabilities and diminishing accountability and transparency in handling government revenue.
FRC said over N1.2 trillion in revenue was still being withheld by the defaulting agencies, keeping money away from government’s reach for funding of its budget.
The Chairman of the Commission, Victor Muruako, who spoke while briefing National Assembly correspondents yesterday, said the agencies failed to submit their audited account to the commission to enable it calculate their operating surplus which is supposed to be paid into the Consolidated Revenue Fund of the Federation.
Murako said over 60 per cent of the agencies have always failed to associate their annual budget with the Medium Term Expenditure Framework, the template for which annual federal government budgets is prepared.
The agencies are ”the National Drug Law Enforcement Agency (NDLEA),
Nigeria Security and Civil Defence Corps (NSCDC), Bank of Agriculture,
Bank of Industry (BoI), Federal Radio Corporation of Nigeria (FRCN),
National Broadcasting Commission (NBC), Standard Organisation of
Nigeria (SON), Nigeria Immigration Service (NIS), Nigeria Content
Development and Monitoring Board (NCDMB), National Integrated Water
Resources Management Commission, National Sports Commission (NSC),
Administrative Staff College of Nigeria and National Business and
Technical Examination Board (NBTEB).”
Others are ”Cement Technology Institute of Nig, Centre for Black
African Arts & Civilization, Chad Basin National Park, Gashaka Gumti
National Park, Gurara Water Management Authority, Hadejia-Jamaare
River Basin Development Authority, Kainji Lake National Park, National
Food Reserve Agency, National Lottery Trust Fund, National Theatre
Iganmu Lagos, National Troupe Iganmu Lagos, Nigeria Agricultural
Quarantine Service (NAQS), Nigerian Copyright Commission, Nigerian
Railway Corporation and Small & Medium Enterprises Development Agency
of Nigeria.”
Muruako explained that by the provisions of the Fiscal Responsibility
Act 2007, government-owned enterprises and corporations are supposed
to remit 80 per cent of their operating surplus to the CRF at the end
of every year to make money available for government to fund the
annual budget.
He said that some of the agencies have also developed the habit of
writing to withdraw their audited account after the commission must
have calculated their operating surplus which is done after the
agencies has submitted such audited account.
He said while the Fiscal Responsibility Act provide for offences, it
however failed to make provision for sanction and punishment, thereby
making implementation difficult.
According to him, ”From our records, the total figure paid as
Operating Surplus since the establishment of the PRC to date is beyond
N2.15 trillion, which by the way, could not have been possible without
the Act and the commission, given that there would have been no law,
rule, regulation or institution requiring such returns. These figures
are confirmed from our analysis of the annual audited financial
reports submitted to our commission by the concerned agencies.
”Much more is yet out there in the hands of MDAs that either have
failed to dutifully audit their accounts or that have done so but
choose not to forward copies of their audited financial reports to the
commission as required by law.”
The chairman further said that from the agency’s verification of
government capital projects, it was discovered that 60 per cent of
government agencies often undertake more projects than they can handle
because they fail to abide by the approved MTEF.
He added that the penchant of approving new contracts by government to
the detriment of existing contracts, as well as inadequate funding has
led to several abandoned projects across the country.
How FG Overvalues Telco Security Network by $490m
The House of Representatives learnt this on the second day of a two-day investigative hearing by the House ad-hoc committee to investigate the governing lease of Federal Government owned assets.
The investment, which is network of about 700 base stations is called the National Public Securities Communications Systems (NPSCS) and was started around 2008 and commissioned in 2012.
Its objective was said to be make provide advanced communications capabilities for the police and other security agencies.
Members of the committee led by Daniel Asuquo could not hold their shock as Director for Projects of MTS Technologies, who are to run the project through a concession agreement, Mathew Udanogh, disclosed this during the investigative hearing.
Udanogh said by the agreement they are to manage the network for 33 years of which the first three years would be to get it up and running before operating for profit.
The concession agreement calls for is a minimum investment of $100 million towards a rehabilitation of the network, he added
It is a security network, a telecommunications network that was built and commissioned approximately 2012. It was built with a technology called CDMA. The sponsoring Ministry is the Ministry of Police Affairs. It is a network of about 700 base stations and towers built around the country,He said
He also said the original intention was that the network would be operated using government subventions and allocations from the National Assembly, but the government decided that was not going to be feasible and decided to concession it.
He said the the concession process started in 2014 which they won and got the necesary approvals.
He said the Federal Executive Council gave approval to the concession in 2019 with the condition that an audit needed to be performed on the network first to ascertain a fair value which would be used as a input for the concession agreement.
He said, “So thereafter they appointed a committee to select one of the top four accounting companies, KPMG, to do a nationwide audit of all the assets associated with this NPSCS. They conducted that audit and the conclusion of that audit, that led us to a full business case using the ICIC process and all of that information was resubmitted to the FEC and gave its approval for it to be entered to. This was in December 2020. In January 2021, the concession agreement was signed.
“And our job is to rehabilitate a network with this investment and make services available to the police and other security agencies so they can have advanced communications capabilities. We provide the services to the police but also provide it in a more limited way to commercial customers.
“There would be a three year rehabilitation period to bring up the network. All the equipment have to be replaced as it is an older technology. Network technologies have advanced since that time. So in fact we want to implement the latest technologies available. We would be launching with an advanced technology. After the three years, we engage fully in commercial services.
“An audit was performed on that network to bring up what is its current value today and it came to approximately $17 million. This network was not used so all the base stations have to be totally replaced and it cannot be used for any other thing.
COVER
Yahaya Bello to Spend Christmas, New Year in Kuje Prison
By Mike Odiakose, Abuja
Immediate past governor of Kogi State, Yahaya Bello will spend the 2024 Christmas and 2025 New Year days in Kuje prison, Abuja, following refusal of his bail application by the Federal Capital Territory High Court.
Justice Maryann Anenih yesterday adjourned the case until Jan.
29, Feb. 25, and Feb. 27, 2025 for the continuation of the hearing.The former governor is standing trial, along with two others, in an N110 billion money laundering charge brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice Anenih had refused to grant a bail application filed by Bello, saying it was filed prematurely.
The judge admitted Umar Oricha and Abdulsalam Hudu, to bail in the sum of N 300 million each with two sureties.
Justice Anenih, while delivering a ruling said, having been filed when Bello was neither in custody nor before the court, the instant application was incompetent.
“Consequently, the instant application having been filed prematurely is hereby refused,” she said.
Recalling the arguments before the court on the bail application, the judge had said, “before the court is a motion on notice, dated and filed on Nov. 22.
“The 1st Defendant seeks an order of this honourable court admitting him to bail pending the hearing and determination of the charge.
“That he became aware of the instant charge through the public summons. That he is a two-term governor of Kogi State. That if released on bail, he would not interfere with the witnesses and not jump bail.”
She said the Defendant’s Counsel, JB Daudu, SAN, had told the court that he had submitted sufficient facts to grant the bail.
He urged the court to exercise its discretion judicially and judiciously to grant the bail.
Opposing the bail application, the Prosecution Counsel, Kemi Pinheiro, SAN, argued that the instant application was grossly incompetent, having been filed before arraignment.
He said it ought to be filed after arraignment but the 1st Defendant’s Counsel disagreed, saying there was no authority
“That says that an application can only be filed when it is ripe for hearing.”
Justice Anenih held that the instant application for bail showed that it was filed several days after the 1st defendant was taken into custody.”
Citing the ACJA, the judge said the provision provided that an application for bail could be made when a defendant had been arrested, detained, arraigned or brought before the court.
Bello had filed an application for his bail on November 22 but was taken into custody on November 26 and arraigned on Nov. 27.
COVER
Middle Belt Group Tasks FG on Resettlement, Safety of IDPs
From Jude Dangwam, Jos
Conference of Autochthonous Ethnic Nationalities Community Development Association (CONAECDA) has called on the federal government to intensify efforts in the resettlement of displaced persons in their ancestral homes.
The organization made this call at the end of its conference held in Jos, the Plateau State Capital weekend.
Thirty resolutions were passed covering security, economy, politics, governance, culture, languages, human rights and indigenous peoples’ rights among others.
The Conference President, Samuel Achie and Secretary Suleman Sukukum in a communique noted that the conference received and discussed reports from communities based on which resolutions were reached on securing, reconstruction, rehabilitation and returning communities displaced by violence across the Middle Belt.
“After considering the reports from communities displaced by violent conflicts, conference resolved, and called on government to focus on providing security to deter further displacements.
“Call on government to provide security to enable communities to return. Government and donor partners should assist in reconstructing and returning displaced communities,” the communique stated.
The GOC 3 Armoured Division Nigeria Army represented by Lt Col Abdullahi Mohammed said the Nigerian Army is committed to working closely with communities to achieve a crime-free society, urging communities to support them with credible information.
“Security is a collective effort, and we cannot do it alone, the community plays a crucial role in ensuring safety.
“We urge everyone here not to shield or protect individuals involved in criminal activities. Transparency and collaboration, together, with maximum cooperation, we can achieve peace, security, and prosperity for our society,” the GOC stated.
The National Coordinator of CONECDA, Dr. Zuwaghu Bonat in his address at the gathering noted that the theme of this year’s program, Returning, Resettling, and Rehabilitating Displaced Communities, was chosen as a wakeup call on the federal government.
He maintained that the organization is aware that President Bola Tinubu has expressed a commitment to ensuring that displaced communities return to their ancestral lands.
He said similarly, some state governments, including Plateau State, have set up committees to address the lingering matter.
The coordinator however cautioned, “It is critical that we avoid generalizations or profiling. For instance, Not all Muslims are involved in terrorism. The overwhelming majority of Muslims in Nigeria are peaceful and reject extremist ideologies.
“We also know that some terrorists exploit religion to mobilize support or rationalize their actions. However, their atrocities – slaughtering women, cutting open pregnant mothers, and killing children show a profound disregard for humanity and God. Normal human beings would not commit such acts.
“We must also be cautious about lumping banditry with terrorism. While statistics indicate that many bandits and kidnappers may share similar ethnic backgrounds, kidnapping has now evolved into a profit-driven enterprise. This distinction is vital to address the root causes effectively,” he stated.
The Governor of Plateau State, Caleb Mutfwang represented by his Senior Special Assistant (SSA) on Middle Belt Nationalities, Hon Daniel Kwada noted that the conference was apt to addressed the various underlying issues bedeviling the region and its people.
“We in the Middle Belt have long been standing at the crossroads of Nigeria’s complex history. Despite our tireless efforts to stabilize this nation, we have faced immense challenges, including underdevelopment, security issues, and marginalization.
“Often, we are unfairly maligned, but gatherings like this offer a chance to change the narrative.
“Such conferences set the tone for better discussions. They allow us to drive processes that bring development, ensure security, and elevate our people to greater heights,” Mutfwang noted.
COVER
Recapitalisation: SEC Charges Banks to Strengthen Corporate Governance
Securities and Exchange Commission (SEC) has called on banks to reinforce their corporate governance principles and risk management frameworks to boost investor confidence during the ongoing recapitalisation exercise.
Dr Emomotimi Agama, Director-General, SEC, said this at the yearly workshop of the Capital Market Correspondents Association of Nigeria (CAMCAN) held in Lagos.
The theme of the workshop is: “Recapitalisation: Bridging the Gap between Investors and Issuers in the Nigerian Capital Market”.
Agama, represented by the Divisional Head of Legal and Enforcement at the SEC, Mr John Achile, stated that the 2024–2026 banking sector recapitalisation framework offers clear guidance for issuers while prioritising the protection of investors’ interests
He restated the commission’s commitment towards ensuring transparency and efficiency in the recapitalisation process.
The director-general stated that the key to bridging the gap between issuers and investors remained the harnessing of innovation for inclusive growth.
In view of this, Agama said, “SEC, through the aid of digital platform, is exploring the integration of blockchain technology for secure and transparent transaction processing to redefine trust in the market.”
He added that the oversubscription of most recapitalisation offers in 2024 reflects strong investor confidence.
To sustain this momentum, the director-general said that SEC had intensified efforts to enhance disclosure standards and corporate governance practices.
According to him, expanding financial literacy campaigns and collaborating with fintech companies to provide low-entry investment options will democratise access to the capital market.
He assured stakeholders of the commission’s steadfastness in achieving its mission of creating an enabling environment for seamless and transparent capital formation.
“Our efforts are anchored on providing issuers with clear guidelines and maintaining open lines of communication with all market stakeholders, reducing bureaucratic bottlenecks through digitalisation.
“We also ensure timely review and approval of applications, and enhancing regulatory oversight to protect investors while promoting market integrity,” he added.
Agama listed constraints to the exercise to include: addressing market volatility, systemic risks, limited retail participation as well as combating skepticism among investors who demand greater transparency and accountability.
He said: “We are equally presented with opportunities which include leveraging technology to deepen financial inclusion and enhance market liquidity.
“It also involves developing innovative financial products, such as green bonds and sukuk, to attract diverse investor segments.
“The success of recapitalisation efforts depends on collaboration among regulators, issuers, and investors.”
Speaking on market infrastructure at the panel session, Achile said SEC provides oversight to every operations in the market, ranging from technology innovations to market.
He stated that the commission is committed to transparency and being mindful of the benefits and risks associated with technology adoption.
Achile noted that SEC does due diligence to all the innovative ideas that comes into the market to ensure adequate compliance with the requirements.
On the rising unclaimed dividend figure, Achile blamed the inability of investors to comply with regulatory requirements and information gap.
He noted that SEC had done everything within its powers to ensure that investors receive their dividend at the appropriate time.
He, however, assured that the commission would continue to strengthen its dual role of market regulation and investor protection to boost confidence in the market.
In her welcome address, the Chairman of CAMCAN, Mrs Chinyere Joel-Nwokeoma, said banks’ recapitalisation is not just a regulatory requirement, but an opportunity to rebuild trust, strengthen the capital market, and drive sustainable growth.
Joel-Nwokeoma stated that the recent recapitalisation in the banking sector had brought to the fore the need for a more robust and inclusive capital market.
She added that as banks seek to strengthen their balance sheets and improve their capital adequacy ratios, it is imperative to create an environment that fosters trust, transparency, and cooperation between investors and issuers.
The chairman called for collaboration to bridge the gap between investors and issuers to create a more inclusive and vibrant Nigerian capital market.She said: “we must work together to strengthen corporate governance and risk management practices in banks, enhance disclosure and transparency requirements for issuers.” NAN