Volume II, Issue 17

Tax Evasion! Adenuga May Have Problems With Foreign Banks

A feel of public opinion immediately after the publication of the damning news of company income tax evasion by Continental Oil and Gas and Conoil Producing, two upstream oil companies belonging to Otunba Mike Adenuga Jr., was that the $610million (N89billion) tax demand the Federal Inland Revenue Service had made on the companies would not stir Adenuga’s considerable wealth and business standing. However, it would seem that perception may be different from reality, two weeks after the May 7, 2009 shutdown of operations at the two companies, the gates of the companies still remained no admittance zones with the seal and locks of the Federal Inland Revenue Service (FIRS). Officials of the Revenue Service that Fortune&Class spoke with insisted that though Adenuga has been trying to rally the influence of his powerful friends in and out of government, the FIRS will not back out of the demand order until the full sum of the tax due is paid. …

Fortune And Class Demands Excess Bank Charges Refund From Intercontinental Bank

In a test of procedure and standard of rules governing the banking industry, Fortune and Class Limited, publishers of Fortune&Class Magazine and Fortune&Class Weekly, has taken issues with Intercontinental Bank over excess bank charges incurred on its overdraft account with the bank. And as a first, the management of the company has directed the firm of Forensic Consulting to forward a demand letter for the refund of N243,639.02 being excess bank charges discovered by forensic accountants while reconciling the account. …

Unity Bank Yet To Declare Corporate Result In Two Years

Unity Bank of Plc has defied the standing rules of the Nigerian Stock Exchange (NSE) and the Securities and Exchange Commission (SEC) on post listing requirements which assert that listed companies must release their quarterly and annual operations and performance result to the investing public through the Stock Exchange and the SEC as and when…

Delisted firms: shareholders rally support to recoup funds

The Independent Shareholders Association of Nigeria (ISAN) is reported be rallying support to help investors of recently de-listed companies on the Daily Official List of the Nigerian Stock Exchange (NSE) recoup their investments in the companies.
According to a report by Proshare NI, Adeleke Adebayo, General Secretary of the Association has confirmed that ISAN had visited…

Agusto & Co Assigns “Bb+” rating to Swap Technologies & Telecoms Plc

Augusto&Co, Nigeria’s respected rating company has assigned a rating of “Bb+” to Swap Technologies & Telecoms Plc. According to a release by the rating company, the rating of Swap Technologies & Telecoms Plc reflects the company’s strengthened capital position, adequate working capital and satisfactory profitability. The rating is hampered by weak operating cash flows resulting…

Telkom Reports That Nigerian Operation Is Difficult …losses In The Country Halve Profit

Losses at Telkom’s Nigerian unit and costs including charges related to stake sales cut the telecoms company’s profit by as much as 50 percent for the financial year to March. Headline earnings a share from continuing operations were as much as 50 percent lower than the previous year. Headline earnings a share, including discontinued operations…

Foreign Fund Managers Show New Interest In Nigerian Stock Market

Fund managers in the United States of America and Europe have been reported by Reuters to be showing more than passing interest in stock markets in Africa with the Nigerian stock market providing the greatest attraction.

The report claimed that having fled Africa in droves during last year’s global financial turmoil, portfolio investors are slowly…

Wonder Bank Fund Laundered On The Stock Exchange Through Capital Oil

There is a strong agitation by financial sector watchers over the possibility of illegal money laundering on the platform of the Nigerian Stock Exchange. A report by Proshare Nigeria indicates that Capital Oil Plc (Capoil), a security listed in the second tier segment of the Nigerian Stock Exchange (NSE) has listed shares purchased with funds…

How We Planned To Save Minority Shareholders In Delisted Companies-Independent Shareholders Association Scribe

In this interview with PETER OBIORA of Proshare NI, Adeleke Adebayo, the General Secretary Independent Shareholders Association of Nigeria (ISAN) at the venue of the 84th Annual General Meeting (AGM) of Unilever Nigeria Plc (Unilever) discusses issues relating to the recently delisted companies on the Floor of the Nigerian Stock Exchange (NSE), what shareholders are doing to help save minority investors, and why companies delist from the Exchange.

Other issues discussed include the delisting of Cappa D’Alberto Plc from the NSE, shareholders efforts to help investors of recently delisted companies, Unilever and 68 Kobo dividend to investors of the company, Cadbury Nigeria Plc (Cadbury) and Okitipupa Oil Plc raising fresh funds. Excerpts: …

CBN Slams Stock Brokers Over Interest Rate…Vetiva Capital Management Ltd Loses Millions To Clients

Are stockbroking firms legally empowered to charge interest on margin account or to undertake any form of lending activity with objective to profit from through accrual of interest rate? This is the question the Central Bank of Nigeria may have resolved with its declaration that stockbroking firms or asset management companies cannot possibly qualify to…

Threat to suspend bank MDs …Soludo goofs again

Obviously determined to put the lie to the critical review of… continues here.

CUSTOMER CLAIMS N135MILLION EXCESS BANK CHARGES FROM DIAMOND BANK

Transnational Haulage Limited, a long standing customer of Diamond Bank Plc has filed court papers pleading a Lagos High Court to among other prayers, order Diamond Bank to refund excess bank charges totaling N74,0403,642.18 plus a mandatory Central Bank of Nigeria’s penalty for non refund of excess bank charges fourteen (14) days after they have been identified and the bank have been informed. Transnational Haulage Limited total claim against Diamond Bank amounts to N135,371,1337.74.

Transnational Haulage asserts in its statement of claim that it, indeed, took several overdraft and lease facilities from the bank which were to be charged at the CBN sanctioned interest rate in Nigeria. Transnational however notes in the statement of claim that the facilities have been paid off. But then, during the life of the facilities it had secured from the bank, it (Transnational) had cause to contest both orally and in writing the incorrectness of the contents of the statement of account the bank had periodically sent to it.

Transnational further informs the court that after noticing the arbitrary charges on its accounts, it engaged the services of Future & Bond, a firm of forensic accounting consultant to carry out a reconciliation of its accounts which it maintains with Diamond Bank.

In one of the two accounts Transnational maintained with Diamond Bank; 0512010000187, between August 2008 and December, 2007, the forensic accounting consultants identified excess-overdraft interest charged amounting to N21,655,712.81 and excess loan interest charged on the account of N12,298,953.97 on a facility of N1,194,381,994.25 the bank had granted the customer. The forensic accounting consultants also identified an excess commission on transaction on the account totaling N31,980.03 while excess management fee of N10,218,336.54 and excess commitment fee of N6,840,750 were also identified. The bank was also alleged to have charged an excess processing fee of N52,500 and an excess Temporary Overdraft Fee of N602,700. The forensic accounting consultants insists in the statement of claim that the bank charged an excess restructuring fee of N1,465,689.06 and an illegal penalty fee of N251,826.49.

The bank’s customer contends that management fee like processing fee is chargeable once upfront on a fresh credit facility or on the enhanced value of a restructured credit facility and not monthly, quarterly or half yearly as the bank charged on its customer’s account.

The customer further asserts that legal fee as a lending fee is not contained in the subsisting CBN Guide to Bank Charges while insisting that commitment fee is only chargeable back-end on the undrawn portion of a loan facility and not on a lease facility as the transaction in question is. The customer argues that whereby a loan facility is fully drawn and utilized by a customer, commitment fee cannot crystallize.

Transnational claims in the court papers that the one percent fee charged on its account cannot be justified because a commercial contract between a bank and its customer cannot contain penalty clause in whatever form or manner but simply obligations and reward which only a court of competent jurisdiction can enforce. The customer therefore affirms that commitment fee does not apply to lease facility but only loan facility. It relied on section 2.2 of the CBN prudential guidelines to argue its position.

In curious revelation in the customer’s statement claim, Transnational reveals that the bank’s decision to use the customer’s account to manage its books by advancing an unsolicited N64.5million loan credit to the customer on February 02, 2008 is unethical. The customer insists that the attendant illegal management fee charged to the account should be repudiated.

The customer further took issue with the extension fee and service charge executed on the account by the bank on the ground that these fees were never agreed with the customer even as they are alien to the subsisting CBN Guide to Bank Charges and therefore considered illegal.

The customer also insists that statement of accounts reprint fee is questionable in the light of the fact that it was due to the bank’s inability to provide the periodic statement of account that led to the demand by the customer coupled with the anxiety of excess and illegal bank charges surreptitiously laid into the account by the bank. This is just as the customer frowns at service charge deducted from the its account. The customer considers this charge as illegal.

Diamond Bank, in its statement of defence, agreed that there was an excess charge of N497,855.26, the bank explained that this was as a result of the application of two percent management fee on the sum of N510,916,827 as against N486,024,063.51 being outstanding balance on the account as at 13 October, 2006.

No date has been fixed for the hearing of the matter