Business
17-Year-Old Entitlement Claim: Ex-Staff Files Motion to Compel MTN To Deposit Judgment Debt and Interest to Court of Appeal
Published
10 months agoon
17-Year-Old Entitlement Claim: Ex-Staff Files Motion to Compel MTN To Deposit Judgment Debt and Interest to Court of Appeal
Former expatriate staff of the MTN Group, Mr. Paul Odunewu, has filed a further-reply-affidavit and written address dated December 28, 2023, at the Court of Appeal, Lagos Division, in support of his application praying the Court or an Order to compel the telecommunications giant MTN, to deposit with the Court the judgement debt and accrued interest as ordered by the National Industrial Court Nigeria (NICN), Akure Division.
In a judgement delivered by Honourable Justice Oyejoju Oyewunmi on September 17, 2017, the Court had found that termination of the employment of the former Network Group Operations Manager on February 28, 2006, was wrongful and malicious; and had ordered the company to pay Mr. Odunewu’s entitlements including share options valued at $13,144,512.00.
MTN had faulted the judgement of NICN and straightaway appealed on September 29, 2017, through their external Counsel, Professor G Elias & Co., vide a notice of appeal containing two grounds alleging that the trial Court breached their fundamental right to fair hearing. MTN also filed a Motion for Stay of Execution of the judgement, but Mr. Odunewu’s Counsel, Prof A. B. Kasunmu’s Chambers, opposed the Stay Motion on the ground that the initiating notice of appeal is not competent.
MTN Group Limited, South Africa (MTNG); MTN Nigeria (MTNN) and MTN International, Mauritius (MTNI) is the first, second, and third Appellant respectively, in this six-year-old appeal which had lasted more than 10 years from the Lagos State High Court to the NICN before judgement was delivered in September 2017.
In his application filed on January 8, 2020, with appeal number CA/1346/2017, Mr. Odunewu’s grounds of the motion include assertions that the Notice of Appeal filed by MTN on September 29, 2017, is highly incompetent and does not raise any substantial or recondite issues of law. Also, MTN have been facing huge fines from various Authorities in Nigeria for regulatory and tax infringements and the cumulative impact of these fines raises existential issues for MTN Nigeria and their ability to pay the judgement sum as due at the determination of the case. Furthermore, the Appellants (MTN) have not been prosecuting this appeal diligently and expeditiously.
Mr. Odunewu supported the motion with financial statements and press releases by MTN (among others). In 2019 MTN completed payment of ₦330 billion Nigerian Communication Commission (NCC) fine, and MTN Group had paid $100 million to Lawyers within six months to negotiate the NCC fine. MTN Nigeria reported preferential shares redemption as of December 30, 2019, at a total amount of ₦148.19 billion (or US$399.59 million) in favour of MTN Group. This, consequently, reduced share capital of MTN Nigeria to ₦17.623 billion in 2019 compared to ₦65.145 billion in 2018. On the 24th of December 2018, MTN announced payment of $52.6 Million as a “notional reversal” of $1.0 billion private placement in 2008 based on certificate that did not have final approval and thereby resolved the $8.1 billion dividend repatriation issue with Central Bank of Nigeria (CBN). A Nigeria Senate Committee had investigated MTN for capital flight and had reported that a total capital inflow of $1.24 Billion was injected for MTN operations in Nigeria for the period 2001 – 2016 whereas MTN Nigeria repatriated $13.92 billion from 2006 to 2016 in the guise of dividends/profit, repayment of loans and licenses/management fee. This meant that MTN, as of 2016, were repatriating US$11.00 for every US$1.00 that they injected into their business in Nigeria.
In a Reply-Affidavit dated February 4, 2022, one Temitayo Adeniyi, a Lawyer at Prof A. B. Kasunmu’s Chambers, deposed that MTN “substituted payment of the fines and associated costs with huge debt and are, therefore, running their operations in Nigeria with riskier financial structure than 2014 (before the 2015 NCC fine).” “In the current Nigerian climate of stronger regulatory oversight, MTN Group redeemed its preference shares and thereby reduced their exposure in Nigeria but created significant financial and economic risk to boost shareholder returns with much higher leverage in 2019 than 2018”. Furthermore, MTN “have not prosecuted this appeal expeditiously but instead they have been prevaricating to regularize the initiating Notice of Appeal dated 29th September 2017 thereby causing enormous delay to the determination of this Appeal. “The Appellants have failed or are unable to take advantage of this honourable Court’s ruling on the 17th of October 2018, that the Motion for Stay of Execution shall abide the determination of the appeal, which is adjourned to 27th February 2019.” He further deposed: “the entire appeal is a masterful delay tactic, cleverly designed by the Appellants to deny the Respondent from enjoying the fruit of the Judgement.”
In a Further-Counter-Affidavit by MTN dated 18th February 2022, one Athanasius Akor, a Lawyer at G. Elias & Co, deposed: “the fact that there is an appeal against the judgement and a pending application for stay of execution are an exercise of the constitutional rights of the appellants”. He deposed that MTN “is not dissipating and is not repatriating its assets out of Nigeria”; and that MTN “conducted an offer for sale of its share on the Nigerian Stock Exchange (NGX) which is a testament of its long term believe and its intention to remain as an active participant in the Nigerian economy.” He further deposed that the 2015 fine has been fully paid since May 2019 and that MTN Nigeria has been making profit and declaring dividends. Mr. Akor deposed that share price of MTN Nigeria jumped to ₦199.8 per share on 17th February 2022. He further deposed that Mr. Odunewu based his analyses on the MTN Nigeria 2018 Audited Account and not the latest 2021 Audited Financial Statement in which MTN Nigeria declared a revenue of circa ₦1.7 Trillion and a profit of circa ₦286 billion. Also “the Respondents has no financial issues that will prevent them from meeting their financial obligations or paying the judgement debt and accrued interest in the event that the appeal is determined in favour of the Applicant and against the Respondents”.
In a Further-Reply-Affidavit sworn to on 28th December 2023, one Ejike Mitchel Maduagwu, a Lawyer at Prof A. B. Kasunmu’s Chambers, deposed that MTN Nigeria “is still being investigated for other tax and revenue leakage matters. Meanwhile the Respondents have repatriated out of Nigeria their huge profit and replaced it with huge debt. The huge revenue, profit, and share price in 2021, as reported in the 2021 Audited Account, are unreliable indicators to determine the Respondents’ ability or willingness to pay the judgement debt or withstand future shock to their business, be it regulatory, economic, or political”. MTN Nigeria reported in their 2021 Audited Account that the demand notice for ₦242 Billion and US$1.3 Billion alleged revenue indebtedness is still undergoing review and reconciliation with both Federal Inland Revenue Service (FIRS) and Nigeria Customs Service (NCS). House of Representatives’ (HOR) tax compliance check and alleged US$30 Billion revenue leakage against MTN Nigeria is still undergoing review.
Mr. Odunewu concluded that it is in the interest of justice to grant his application and “direct the Respondents to deposit with this honourable Court the judgement debt and interest accrued till a day of fund transfer; or in the alternative, we pray the Court to direct the Respondents to provide a Bank Guarantee to secure the judgment debt pending the determination of this appeal.”
The Industrial Court had found that MTN Group is the Parent Company and the life wire of both MTNN and MTNI that controls them and thus integral part of the both companies. Also, MTN Nigeria has no power of its own to act under its contractual agreement with Mr. Odunewu except as approved by its Parent Company, MTN Group. In 2017 NICN had ordered that the judgement sums of $13.47 million, ₦2.54 million, and £10 thousand be paid by the second and third defendants (MTNN & MTNI), “except the issue of costs which is to be paid by all the defendants (MTN sic)”. The trial judge had ordered MTN to make the payments within 30 days, failing which the sums would appreciate at 21 percent interest per annum.
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Bank
ZENITH BANK REWARDS HACKATHON WINNERS WITH N77.5M CASH PRIZE AT ZENITH TECH FAIR 4.0
Published
6 hours agoon
November 22, 2024ZENITH BANK REWARDS HACKATHON WINNERS WITH N77.5M CASH PRIZE AT ZENITH TECH FAIR 4.0
A total sum of N77.5 million in prize money was won at the end of a keenly contested hackathon session at the Fourth Edition of the Zenith Tech Fair, themed “Future Forward 4.0: Embedded Finance, Cybersecurity & Growth Imperatives – The Impact of AI “, which held on Thursday, November 21, 2024, at the Eko Convention Centre, Eko Hotels & Suites, Victoria Island, Lagos.
The prize money was shared among ten finalists who emerged from the over 1,700 contestants that took part in the hackathon, with JumpnPass, a self-checkout technology solution reshaping the retail landscape in Africa emerging as the overall winner and taking home the grand prize of N25 million. This is in addition to a six-week mentorship and incubation program designed to help them grow and scale effectively, which will run from December 2024 to February 2025.
The first runner-up, CreditChek, a credit and verification service provider which leverages AI and open banking to streamline income and credit history verification for financial institutions, won N20 million and a mentorship programme, while the second runner-up, Salad Africa, a start-up which offers seamless integration of credit products for digital platforms and software companies won N15 million as well as a mentorship programme. Other finalists who took home N2.5million each include Regxta, CashAfrica, Middleman, Messenger, Pocketfood, Famasi Africa, Kitovu.
Earlier during the programme, the Group Managing Director/CEO of Zenith Bank Plc, Dame (Dr.) Adaora Umeoji, OON, in her welcome address expressed her appreciation to the Founder & Chairman, Dr Jim Ovia, CFR, for birthing the idea that led to the establishment of the Tech Fair initiative 5 years ago, she thanked him for his vision and foresight in utilizing technology to revolutionize the world of business and banking.
Commenting on the Hackathon, she said, “This prestigious annual event was created to empower and nurture young fertile minds. We hope to produce the likes of Bill Gates, Mark Zuckerberg, Steve Jobs and Elon Musk from the Zenith Bank Hackathons in the nearest future. According to the Nigerian Bureau of Statistics, 70% of Nigeria’s population are youths which is an economic asset when properly harnessed. This is part of the reason why Zenith Bank is hosting this event to support the development of technology startups. Their success not only fosters innovation and growth in Nigeria, but it also plays a vital role in creating employment opportunities for our youth.” She also stressed on the importance of innovation and embedded finance in ensuring strong and enduring institutions. According to her, “it is paramount that we adapt and adopt technology to stay ahead of the curve. We have seen various cases of companies that failed because of their lack of innovation. It is quite obvious that when companies fail to innovate; they can easily be displaced, so this is not the time to be orthodox, innovation should be a top priority for us.”
In his goodwill message, The Governor of Lagos State, His Excellency, Mr. Babajide Sanwo-Olu called for a global approach to doing business in the country. According to him, “What we need to do is to be able to enhance our product and services in order to compete in the world. We can’t continue to act local, we need to think global. Anything that we’re doing now, we need to be able to know that we are not just serving a local market, we actually want to serve the global market, and that’s why I’m glad that consistently, for the past four years, I have kept up with the Zenith Tech Fair. I am sure 5.0 should be bigger and better than what we have today, but for us as a government, what we need to do is to continue to use platforms like this to reassure you of our readiness to provide an enabling environment for your ideas and innovative solutions.”
Described as a huge success by participants, the Fair featured the launch of the bank’s digital wallet, EazyByZenith, which will help to support the bank’s retail and financial inclusion strategy. The fair also included presentations on the leading technological innovations that cut across different aspects of life, such as Artificial Intelligence, Cybersecurity, Risk Management, Compliance, Financial Intelligence, Cloud Computing and Communication Technologies, with the keynote address, “Banking Transformation in a Digital World”, delivered by Robin Speculand, a renowned Strategy & Digital Implementation Specialist.
The event also featured goodwill messages by Jim Ovia, CFR, Founder and Chairman of Zenith Bank; His Excellency, Hon. Kashim Shettima, GCON, Vice President of the Federal Republic of Nigeria (represented by Dr. Tope Fasua, Special Adviser to the Presidency on Economic Matters). Other eminent IT practitioners from top global brands who also made presentations include; Robin Speculand, renowned Strategy & Digital Implementation Specialist; Danilo McGarry, Global Expert on Digital Transformation and AI; Jania Okwechime, Partner, Africa, AI & Data Leader, Deloitte; Rupert Nicolay, Director, Microsoft Worldwide Financial Services.
The panel session had Wole Odeyele, Client Technology Lead for Microsoft Inc. as its host, and featured six discussants including Ada Jabaru, Founder & Director, Nistad Limited; Funke Opeke, Founder & Chief Executive Officer, MainOne; Guy Futi, Chief Executive Officer, Orda; Dr Auwal Adam Sa’ad, Founder, ZamzamPay; Kashifu Inuwa Abdullahi, Director General, National Information Technology Development Agency (NITDA), and Engr. Bisoye Coker-Odusote, Director General/Chief Executive Officer, National Identity Management Commission (NIMC).
The Zenith Bank startup pitch competition and incubation program seeks to identify and fast-track the growth of high-potential Nigerian startups innovating in key sectors, including Embedded Finance, Cybersecurity, Fintech, HealthTech, Agritech, E-commerce, and more. The program provides an ideal platform for startups to showcase their groundbreaking ideas and gain access to invaluable resources to scale their businesses.
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Business
NEW BPP DG COMMITS TO EFFICIENCY AND STAFF WELFARE FOR IMPACTFUL SERVICE DELIVERY
Published
16 hours agoon
November 21, 2024NEW BPP DG COMMITS TO EFFICIENCY AND STAFF WELFARE FOR IMPACTFUL SERVICE DELIVERY*
*_…begins review of bureau processes to enhance government procurement systems_*
The Director General of the Bureau of Public Procurement (BPP), Dr Adebowale Adedokun, has outlined his vision to drive efficiency, enhance staff welfare, and reinforce the Bureau’s regulatory mandate in alignment with President Bola Ahmed Tinubu’s renewed hope mandate and his commitment to improving Nigeria’s economy. This was made known during an interactive session with staff of the Bureau at the State House Banquet Hall on November 20, 2024. Dr Adedokun emphasised the urgency of delivering results as well as improving trust in the government procurement system to support President Bola Tinubu’s Renewed Hope Agenda, declaring, “Let us work together to get value for money for Nigeria’s developmental processes and achieve President Tinubu’s mandate of making Nigeria’s economy better.”
Furthermore, in a bid to strengthen operational efficiency, the DG also announced key reforms, including introducing Service Level Agreements for the bureau’s processes ensuring that letters are treated within 3 (three) days, and ensuring reports are completed within 14 (fourteen) days. He also highlighted plans to secure a sustainable budget that would improve the working environment and provide better welfare for staff.
Dr Adedokun firmly stated the Bureau’s resolve to uphold its regulatory integrity under his watch. He warned that officers are prohibited from visiting Ministries, Departments, and Agencies (MDAs) unless on official assignments stressing the need for officers of the Bureau to stay above board. He further declared that contractors are no longer allowed within the Bureau’s premises to ensure that officers can perform their duties without undue interference and influence.
Calling for a collaborative approach, the DG urged staff to embody the Bureau’s regulatory values by adhering to procurement guidelines, avoiding delays, and striving for excellence. “As a regulator, you must be seen to be guided by the procurement process,” he stated. He assured the team of an open-door policy, encouraging innovative ideas that could propel the Bureau to greater heights.
The session also featured a visit from former DG, Engr. Emeka Ezeh, OFR, FNSE, who led the Bureau from 2009 to 2016. Engr. Ezeh commended President Tinubu for appointing Dr Adedokun and urged staff to provide their full support to the new leadership. He encouraged staff to focus on leaving a legacy of excellence, saying, “Work in a way that you will be celebrated wherever you go in life.”
Senior Directors, including Engr. Nasir Bello and Engr. Isaiah Yesufu reiterated the importance of supporting the DG’s vision while emphasizing adherence to the Bureau’s operational guidelines. Staff also welcomed the session, sharing their perspectives on improving the Bureau’s operations and pledging their support for the new leadership.
In a related development, Dr Adedokun sought collaboration with the Presidential Office of Digital Engagement and Strategy (PODES) led by its Head, Mr O’tega Ogra, who is also the Senior Special Assistant to the President on Digital/New Media, during a courtesy visit to his office on November 21, 2024. The DG emphasized the need to enhance the Bureau’s public engagement and visibility in line with the all-of-government communications approach being espoused by the PODES.
Mr Ogra congratulated Dr Adedokun on his appointment and highlighted the key role BPP plays in advancing Nigeria’s development agenda. O’tega further expressed his commitment to collaborating with the Bureau in amplifying its communication efforts and ensuring Nigerians understand and appreciate its critical role in national governance.
Dr Adedokun’s leadership marks a new chapter for the Bureau of Public Procurement, focused on accountability, efficiency, and impactful service delivery. His vision aligns seamlessly with the Federal Government’s goals of economic transformation and sustainable development as well as President Bola Tinubu’s renewed hope agenda.
Janet McDickson
Director, Information & Public Relations/Head, Media-BPP
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Abducted Rivers bizman rescued, suspected robber arrested
Published
1 day agoon
November 21, 2024Abducted Rivers bizman rescued, suspected robber arrested
The Rivers State Police Command said its men rescued a businessman identified as Julius Madabuchi, who was kidnapped by a four-man gang at a filling station in the Oyigbo Local Government Area of the state.
The police said the man was abducted when the miscreants who were driving in a Black Toyota car stormed the area and started shooting discriminately before executing their plan.
The rescue of the man, the police said, followed a distress call sent to the command control room about the activities of the hoodlums on November 17 and immediately mobilised operatives to the scene, saying the abductors engaged the police in a shootout.
The spokesperson for the state police command, Grace Iringe-Koko, disclosed this in a statement issued in Port Harcourt, Rivers State capital, on Wednesday.
The statement reads, “On the 17th of November, 2014, at about 2023hrs, operatives of the command received a distress call from the Room indicating that a gang of armed men numbering about four operating in a Black colour Toyota Corolla car shot sporadically and kidnapped one Madabuchi Julius at Sabbath Filling Station, Oyigbo.
“Operatives were swiftly mobilised to the scene and the hoodlums on sighting the police operatives drove off, but they were given a hot chase by the operatives and subsequently intercepted along Egbu Street, Oyigbo and a gun duel ensued between the operatives and the hoodlums.
“The hoodlums could not withstand the police’s superior firepower and eventually abandoned the victim and their operational vehicle with registration number RIVERS PHC 938 AH and escaped. The victim was rescued unhurt and the vehicle recovered. He has since reunited with his family.”
The state police image maker however said an investigation is ongoing while concerted efforts are being intensified to apprehend other fleeing members of the gang and recover their operational weapons.
In a related development, Iringe-Koko said the following day, precisely on Monday, operatives of the command acted on credible information, coordinated a covert operation at the St Lorinta Street, Oyigbo and arrested one Gabriel Morris, aged 25, at Mercy Ground in Kom-Kom, Oyigbo LGA of the State.
The state police spokesperson stated, “During interrogation, the suspect confessed to being a member of a syndicate that had been terrorising Oyigbo and its environs in recent times.
Iringe-Koko, a Superintendent of Police, listed items recovered from the suspect including one locally made pistol and a quantity of weeds suspected to be Indian hemp.
She added, “Investigation is ongoing, while concerted efforts are intensified to apprehend other fleeing members of the syndicate.
“This successful operation further demonstrates the effectiveness of the Rivers State Police Command in combating kidnapping and all other forms of crime in the state.”
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