Writer Archives: Super Admin

By: Nneka Oduada Eze (Esq)

Malam Kashifu Inuwa Abdullahi, the Director General of the National Information Technology Development Agency (NITDA) announced on Monday, 24th January, 2022 during the media briefing in Abuja that was held to mark the Data Privacy Week that the government  plans to have a Code of Conduct for all social media platforms in other to understand the status of online and offline activities that could amount to infractions and breaches of the rules of engagement punishable under the country’s subsidiary laws. The Federal Government has declared that it will regulate big technology micro blogging sites and platforms to generate taxes and to protect the country’s sovereignty and integrity.

The action is coming barely two weeks after the government resolved almost a year dispute with Twitter after a declaration that the micro blogging company had met the conditions to operate in the country. The federal government found the move necessary due to the far-reaching implications of leaving the platforms open at the detriment of the country’s socio-economic development and the increasing danger of platforms being hijacked to harm Nigeria’s democracy.

The director of NITDA, who was also the Chairman of the Technical Committee on Federal Government/Twitter Negotiations, said the government was “socializing” on a Bill that would be presented to the National Assembly to take care of all aspects of the social media regulations.

Furthermore, the Director stated that NITDA in collaboration with other government agencies and the civil society organizations (CSOs), was also embarking on massive awareness campaign to secure the buy-in of Nigerians on the imperative of having well regulated platforms and strengthening compliance as all infractions both online and offline would no longer go unpunished with the regulations in place. According to him, NITDA, with the support of President Muhammadu Buhari and the Minister of Communications and Digital Economy, Prof. Isa Pantami, had invested heavily in data protection regulations by training Nigerians and expanding the frontiers of data privacy.

It is arguable that this proposed step is a means of curtailing the freedom of speak as contained in section 39 of the constitution of the federal republic of Nigeria, 1999 (as amended). Apart from the fact that social media is used to disseminate information swiftly; It has equally proven to be a willing tool in instigating tribal/religious wars and abridging national security with adverse consequences. Bloggers are usually at the fore front of misrepresentation of facts that often leads to misinterpretations and even libel in worst case scenarios.

In any event, neither a strict nor open ended data privacy regime would adequately address the concerns of the nation’s data privacy. It is hoped that a somewhat balance by government, stakeholders, and users of micro blogging sites and platforms in the circumstance would engender a win-win situation, thereby deflecting any insinuation of bad faith in the regulation of big technology micro blogging sites and platforms.

Disclaimer: This news update is intended only to provide general information and does not by itself constitute or serve as legal advice. For further information, we are available to provide detailed legal advice. For more information contact us on info@asalawpractice.org or call 0908 482 0000, 0806 749 8777

By: Emmanuel Adefeso ESQ

A National Beneficial Ownership Register is to be launched by Nigeria Extractive Industries Transparency Initiative (NEITI) and the Corporate Affairs Commission (CAC) in January, 2022.

Obiageli Onuorah, NEITI’s Deputy Director and Head Communications and Advocacy made this known in a statement made available to journalists in Abuja. Also, the Executive Secretary of NEITI, Dr Orji Ogbonnaya Orji and the Registrar General of the CAC, Mallam Garba Abubakar announced this at the on-going Conference of State Parties on United Nations Convention Against Corruption in Sharm El Sheikh, Egypt.

The NEITI Executive Secretary explained that under the joint inter-agency collaboration with the CAC, the NEITI Beneficial Ownership register filled with facts, information and data on who owns what in the oil, gas and mining sectors will merge with CAC Beneficial Ownership Portal that covers all registered companies in Nigeria. It was stated that with a national integrated Beneficial Ownership Portal, NEITI and CAC will be in a better position to support government effort at revenue growth by checking capital flight, tax evasion, terrorism financing illicit financial flows and outright economic sabotage. Addressing a special panel on Beneficial Ownership at the Conference in Egypt, the NEITI Executive Secretary identified political will, stakeholders’ consultation, institutional and citizen’s ownership as well as civil society partnership as critical success factors that have led Nigeria’s efforts.

Meanwhile, Nigeria has submitted a draft resolution to the United Nations Convention Against Corruption on the use of Beneficial Ownership information and data disclosure to identify, track, recover and return assets looted or stolen from developing countries. The Attorney General of the Federation and Minister of Justice, Abubakar Mallami SAN, announced this while addressing the 9th Session of Conference of State Parties in progress in Sharm EL Sheikh, Egypt. He explained that the draft resolution was submitted jointly with the support and partnership of five other developing countries – Kenya, Pakistan, Peru, and Saudi Arabia.
The Attorney General informed the UN Convention that Nigeria has put in place institutional structures and legislations to protect Nigeria’s resources. The Minister conveyed Nigeria’s appeal to the Conference of State Parties of the UN Convention Against Corruption to consider the draft resolution on its merit in view of its strategic importance in recovering looted assets from developing countries. The Nigerian delegation to the Conference led by the Minister is comprised of heads of key anti-corruption agencies – the NEITI Executive Secretary, Chairmen of EFCC, ICPC and Registrar General of CAC. The UN Conference is expected to ratify the global anti-corruption strategy for adoption by over 150 countries attending the Conference.

Indeed, the launch by NEITI and CAC is a good synchronization of the mechanism in the submitted draft resolution on the use of Beneficial Ownership information and data disclosure in Nigeria.

Disclaimer: This news update is intended only to provide general information and does not by itself constitute or serve as legal advice. For further information, we are available to provide detailed legal advice. For more information contact us on info@asalawpractice.org or call 0908 482 0000, 0806 749 8777

By: Emmanuel Adefeso ESQ

The UK government has announced a freeze of the BBC licence fee, arguing a new funding model was needed to ease cost of living pressures and reflect a transformed media landscape.

In explaining the reason for the announcement, the Culture Secretary Nadine Dorries told parliament that the £159 ($217, 190 euros) annual fee, paid by every television set owner in the country, would be fixed for the next two years. After that it will rise in line with inflation for four years. She also  said that the rising annual cost of the compulsory charge was hurting cash-strapped families. Thus, the long-term future of the corporation should not depend on a system which criminalises non-payers, she added.

But opposition parties linked the move to efforts to keep Prime Minister Boris Johnson in a job, by offering “red meat” to BBC critics, due to anger at lockdown-breaking parties at Downing Street. Similarly, Labour media spokeswoman Lucy Powell said monthly payments for the licence fee were small change compared to proposed Tory annual tax increases and soaring energy bills totaling thousands of pounds.

Indeed, the BBC has come under increasing criticism from right-wingers since Britain’s divisive Brexit referendum in 2016 for alleged political bias, and pushing a “woke”, London-centric liberal agenda. But the public service broadcaster, which this year marks its 100th anniversary and has editorial independence from government, has faced similar accusations from the political left.  What is the licence fee? The TV licence is a flat fee of £159 a year (£53.50 for black and white TV sets). By law, each household in the UK has to pay the licence fee (with some exemptions) if they:

1. watch or record programmes as they’re being shown on any TV channel
2. watch or stream programmes live on any online TV service – for instance, All 4, YouTube, or Amazon Prime Video
3. download or watch any BBC programmes on BBC iPlayer.

The rules apply to any device on which a programme is viewed, including a TV, desktop or laptop computer, mobile phone, tablet or set-top box. So, for example, someone watching a live football match on a non-BBC channel via a laptop, would still need to pay. If you do not pay the licence fee, you can be taken to court. In 2019, there were 122,603 prosecutions and 114,531 convictions for TV licence evasion.

How this freezing of the BBC licence would turn out, would be keenly watched in  the next two years. 

Disclaimer: This news update is intended only to provide general information and does not by itself constitute or serve as legal advice. For further information, we are available to provide detailed legal advice. For more information contact us on info@asalawpractice.org or call 0908 482 0000, 0806 749 8777

By: Emmanuel Adefeso ESQ

After suspending the Meter Asset Provider (MAP), late last year, the Eko Electricity Distribution Company PLC (EKEDC) has reintroduced the scheme.

The MAp is a metering scheme that allows customers to pay for meter and get reimbursed in form of energy over 36 equal installments. According to the electricity distribution company, the MAP will complement the National Mass Metering Program (NMMP), which is an initiative of the Federal Government, designed to close the existing metering gap in the sector. Therefore, Customers who want to take advantage of the opportunity are advised to visit the Customer Service Unit at any EKEDC District Office to pick up the Meter application form or log on to their website and click on the “MAP Meter Request” button to fill the online form.

The regulatory framework on MAP came into effect on the 8th of March 2018 and became enforceable by the Nigerian Electricity Regulatory Commission (NERC) from April 3rd 2018. The regulation which sets out to govern the relationship between Distribution Companies (DisCos) and third-party meter vendors was conceived by NERC to address the issues of estimated billing of customers, protection of the revenue stream of the DisCos and ultimately foster and accelerate an energy accounting system for the Nigerian Electricity Supply Industry (NESI) through the engagement of Meter Assets Providers (MAPs), for effective metering of customers. Therefore, the underlying aim of the regulation is to enable DisCos focus on their core business which is the distribution of power whilst meeting their contractual metering targets through third party alliance.

The reintroduction of the Meter Asset Provider (MAP) is indeed a welcomed development as it will, in the long run, enable households and other customers get connected to metered electricity within the shortest time.

Disclaimer: This news update is intended only to provide general information and does not by itself constitute or serve as legal advice. For further information, we are available to provide detailed legal advice. For more information contact us on info@asalawpractice.org or call 0908 482 0000, 0806 749 8777

By: Emmanuel Adefeso ESQ

Zoom Video Communications, Inc. (Zoom) says it will begin to charge 7.5 percent value-added tax (VAT) on customers in Nigeria from January 1, 2022.

According to the statement by the firm, the additional charge is due to the new VAT policy in Nigeria. For customers with address in Nigeria, Zoom will begin applying VAT to invoices and remitting the VAT collected through Zoom’s VAT registration in Nigeria in accordance with the new rules relating to Value Added Tax for Non-Resident Suppliers of Electronically Supplied Services.

The firm stated further that Zoom is routinely evaluating its indirect tax collection and remittance obligations. The application of these taxes to businesses with online activities is a complex and evolving area. This applies if you are registered for VAT in Nigeria and if you are not registered for VAT in Nigeria. Zoom continues to review such developments, as well as the nature and extent of its activities in different jurisdictions, and, based on such regular review, will start charging indirect taxes where applicable. In carrying out this action, Zoom said customers who are registered for VAT in Nigeria are advised to provide their valid Taxpayer Identification Numbers (TINs).

The announcement made by Zoom is coming few days after Facebook said Nigerians will start paying same amount on all ad placements from January 1, 2022. VAT stands for Value Added Tax. It is a tax payable on the supply of goods and services at different stages of product supply and service delivery value chain. The burden of the tax ultimately falls on the final consumer. As a consumption tax paid on all goods and services provided in or imported into Nigeria, VAT, which is currently charged at the rate of 7.5% is payable by individuals, companies, and government agencies, thus, the announcement by the communication Company is in compliance with extant laws and regulations on payment of VAT for service delivery in the communication sub-sector.