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Towards Knowledge Economic Communities in Africa – Ndubuisi Ekekwe

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The African Union logo is seen outside the AU headquarters building in Addis Ababa, Ethiopia, November 8, 2021. REUTERS/Tiksa Negeri

Going to the archives. The African Union, reading a policy brief I wrote as part of my doctoral degree in banking and finance and later repurposed for the World Bank, invited me to attend the African Union Congress, in 2009. On confirming the invitation, I wrote the lead paper for AU, and then wrote this article in 2009, and many media organizations across Africa published it. 

This was my conclusion: “All the continent has to do is to approach the adoption of the single currency cautiously. The African Union must work to strengthen the regional economic communities (REC) for better currency unions and financial integrations.  This will involve transforming them, I suggest, into Knowledge Economic Communities (KEC) where knowledge will become the main factor of production with coherent trade shocks among member states. This means more funding for science education, better information networks and transportation systems, revamped innovation and entrepreneurial environment and vibrant democratic institutions. Afterwards, these KECs will converge to a single African economy of one currency to be managed by a continent-wide supranational central bank. A knowledge economy Africa with our vast resources will transform every aspect of modern commerce and industry and move millions out of poverty.”

In my lead paper, I argued that a single currency will cause trade shocks in Africa due to the heterogeneous nature of our economies, making it nearly impossible for a supranational bank to architect policies which will work for all the 50+ economies effectively. I cited the CFA franc zone and how a single currency did not improve citizens’ welfare, and drawing from that concluded that while a single African currency seems exciting, transforming economies to become more homogenous via knowledge systems will serve Africa better, at the moment.  That paper remains on African Union website.

My Response: If you have a single currency in ECOWAS, count it that anything Nigeria does will affect all the countries because the GDP of Nigeria is huge compared to all of them. In other words, when Nigeria acts, those countries will be affected even though they may not be a part. The reason Euro works is clear: their economies are homogeneous in nature. Nigeria’s oil-dependent oil will make the ECOWAS region an oil-dependent region, causing problems from Gambia to the Benin Republic.  Yes, the suprational bank of ‘ECOWAS ECO” will largely focus on Nigeria because of the impact. 

With that, it is nearly impossible to “pursue the implementation with solutions to the shocks concurrently!” without causing welfare losses. Sure, if you do suggest some solutions, those could be modeled to see the impacts. But from my angle, except transforming the economies with time, nothing much could be done.

Towards Knowledge Economic Communities in Africa

By Ndubuisi Ekekwe

About half a century ago, African leaders established the Organization of African Unity partly to promote socio-economic structures aimed at improving the welfare of the citizens and general integration of the continent. But owing to decades of political tensions and weak economic infrastructures, the goals have not materialized.

The success of the single European currency, Euro, which has become very central to many recent transformations in Europe by offering more efficient means of transacting businesses and using the human and institutional capabilities of the continent to foster more prosperity has shown the power of an integrated monetary system in a globalizing world. As the world moves towards knowledge-based economic structures and data societies, which comprise networks of individuals, firms and nations that are linked electronically and in mutually dependent global relationships, the power of a single African currency has become very important.  A single African currency, if realized, would radically redefine Africa’s social, political and economic landscapes and position the continent on a solid footing to tackle the enormous challenges of the 21st century.

This plan is poised to offer an African market with no internal frontiers in which the free movement of goods, persons, services and capital is ensured. A single currency stands for an Africa of unity, integration and strength. However, there is a possibility of potential failure of a single currency if implemented haphazardly with enormous consequences to not only Africa’s image but also the member states’ economies and, ultimately, the citizens.

Irrespective of the challenges and opportunities, a single currency will not just solve Africa’s problems overnight and it would be a mistake to hedge all the future developments of this continent on this venture.

As the new chairman of the African Union, Libyan Muammar al-Gaddafi, goes to work towards realizing the United States of Africa (by the way, I prefer, Union of African States), it is important that we evaluate this project beyond politics and solidarity. While it is possible to be carried away by the success of the Euro, it is imperative that African leaders understand that the EU has been cooperating for decades and it took many years to realize the single currency after the Treaty of Rome. Signed by six nations  (France, Germany, Belgium, Italy, Luxembourg and the Netherlands) on 25 March 1957, the Treaty created the European Economic Community (EEC) that provided the foundations for European unity based on the common values of peace, freedom, equality, the rule of law and democracy. Today, the EEC is the world’s largest free trade area.

An African equivalent of the Treaty of Rome is the Abuja Treaty signed on June 3, 1991. That Treaty created the African Economic Community (AEC). AEC provides the platforms for the larger African market for negotiating favorable trading terms bilaterally and globally, boosting investment and economic diversifications. A larger market will support economies of scale, better market access and production efficiency through competition.

In addition, economically integrated Africa could provide a stable exchange rate, increase cross-border trade with efficient banking clearing and payment systems. There will be more potential for improved consumer welfare, stronger political and security ties in the continent. It promises to offer better fiscal and monetary cooperation among states with long-term macroeconomic stability.

Nonetheless, despite these potential benefits, the problems of poor transport and communication structures in Africa continue to limit more intra-regional and intra-continental trades among members. The incessant political tensions across the regions continue to affect the creation and expansion of trade. From South Africa to Nigeria, African nations continue to trade heavily with their ex-colonial rulers over African Union partners. As a result, many African products get to member states via Europe. For many of the fiscally undisciplined nations, a loss of national autonomy on macroeconomic policy could be challenging. Losing autonomy on currency devaluation and revaluation, fiscal and monetary policies on interest and exchange rates will present major worries across African capitals.

How this integration will play out is still not clear. Take for example, Francophone Africa is considered an ‘undertrader’ despite the CFA franc zone having one of the most extensive monetary unions in the world. Projected data in case of doubling of trade (from integration) suggests that some of the five regional economic communities will have net welfare gains, while others will have losses. Yet, while the feasibility and desirability of a united African currency union could be debatable, the structure and dynamics of the globalizing world makes economic integration a necessity if the continent must survive global competition.

All the continent has to do is to approach the adoption of the single currency cautiously. The African Union must work to strengthen the regional economic communities (REC) for better currency unions and financial integrations.  This will involve transforming them, I suggest, into Knowledge Economic Communities (KEC) where knowledge will become the main factor of production with coherent trade shocks among member states. This means more funding for science education, better information networks and transportation systems, revamped innovation and entrepreneurial environment and vibrant democratic institutions. Afterwards, these KECs will converge to a single African economy of one currency to be managed by a continent-wide supranational central bank. A knowledge economy Africa with our vast resources will transform every aspect of modern commerce and industry and move millions out of poverty.

Ndubuisi Ekekwe, a doctoral student at the Johns Hopkins University, United States, is attending an African Union Congress in March 2009

Tekedia Unveils a 1:1 (one-to-one) Live Video Consultation with Ndubuisi Ekekwe

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Tekedia Institute unveils a 1:1 (one-to-one) live video consultation with Ndubuisi Ekekwe.

Book a 1:1 (one-to-one) live video consultation and get top-grade personalized professional advice with Prof Ndubuisi Ekekwe. Discuss your business or your career with an expert the South African press called a “doctor of innovation”. If the 1:1 is not for you, you can gift a session to another person (friends, family member, coworkers, mentees, etc).

The video call duration is 60 minutes and costs $300 or N200,000. Click here to learn more and sign-up.

Central Bank Digital Currency Can Replace Cash – IMF Managing Director

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In a recent speech, the Managing Director of the International Monetary Fund (IMF), Kristalina Georgieva, discussed the potential benefits and challenges of central bank digital currency (CBDC), a new form of money that is issued digitally by the central bank and can be used as legal tender. She argued that CBDC could replace cash in some situations, especially in countries where the demand for cash is declining and the use of digital payments is increasing.

According to Georgieva, CBDC has several advantages over cash, such as lower transaction costs, faster settlement, greater financial inclusion, and enhanced monetary policy transmission. She also acknowledged some of the risks and trade-offs involved in issuing CBDC, such as cybersecurity threats, privacy concerns, financial stability implications, and cross-border spillovers.

She emphasized that the design and implementation of CBDC should be carefully tailored to the specific circumstances and needs of each country, and that international cooperation and coordination are essential to avoid negative externalities and ensure a level playing field.

Why CBDCs are the future of money

Cash is becoming obsolete. More and more people are using digital payments, such as credit cards, mobile wallets, and online platforms, to buy goods and services. But what if there was a better way to pay digitally? A way that is more secure, efficient, and inclusive than the current system?

That’s where central bank digital currencies (CBDCs) come in. CBDCs are a new form of money that are issued and backed by the central bank of a country. They are not physical coins or notes, but digital tokens that can be stored and transferred electronically. Unlike cryptocurrencies, such as Bitcoin, CBDCs are not decentralized or anonymous. They are regulated and controlled by the central bank, which can monitor and verify every transaction.

CBDCs have many potential benefits for both individuals and businesses. For individuals, CBDCs can provide faster, cheaper, and more convenient access to money. They can also reduce the risks of fraud, theft, and counterfeiting. For businesses, CBDCs can lower transaction costs, increase efficiency, and enable new business models. They can also foster innovation and competition in the financial sector.

But perhaps the most important benefit of CBDCs is that they can replace cash. Cash is costly to produce, distribute, and maintain. It is also vulnerable to loss, damage, and theft. Moreover, cash is inefficient and exclusionary. It slows down economic activity and limits financial inclusion. Many people around the world do not have access to bank accounts or formal financial services. They rely on cash for their daily needs, but they face many challenges and barriers to participate in the digital economy.

CBDCs can solve these problems by providing a universal and accessible form of money. Anyone with a smartphone or a digital wallet can use CBDCs to pay for anything, anywhere, anytime. CBDCs can also enable cross-border payments and remittances, which are often expensive and slow with the current system. CBDCs can also support financial inclusion by offering low-cost and user-friendly financial services to the unbanked and underbanked populations.

CBDCs are not just a hypothetical idea. Many central banks around the world are actively researching, developing, and testing CBDCs. Some countries, such as China, Sweden, and the Bahamas, have already launched pilot projects or trials of CBDCs. Others, such as Canada, Japan, and the UK, are exploring the feasibility and design of CBDCs. The global interest and momentum for CBDCs is growing rapidly.

CBDCs are the future of money. They can offer a better way to pay digitally than cash or existing payment systems. They can also enhance the efficiency, security, and inclusiveness of the monetary system. CBDCs can transform the way we use money and create new opportunities for economic growth and development.

Georgieva concluded her speech by stating that the IMF is ready to support its member countries in exploring and developing CBDC, by providing technical assistance, policy advice, and capacity building. She also announced that the IMF will soon launch a new website dedicated to CBDC, where it will share its research, analysis, and best practices on this topic. She invited all interested parties to visit the website and join the conversation on CBDC.

Would You Invest In Binance Changpeng Zhao’s Next Business?

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Changpeng Zhao, also known as CZ, is the founder and former CEO of Binance, the world’s largest cryptocurrency exchange by trading volume. He is also one of the most influential figures in the crypto industry, with a net worth of over $1.9 billion as of November 2023.

But CZ is not just a successful entrepreneur. He is also a visionary who has a clear idea of where the future of finance is heading. He believes that blockchain technology and decentralized applications (DApps) will revolutionize the way people interact with money, assets, and services.

That’s why he is always looking for new opportunities to invest in and support innovative projects that align with his vision. He has backed dozens of startups and initiatives in the crypto space, such as Trust Wallet, CoinMarketCap, Swipe, Travala, and many more.

But what if CZ decided to start a new business venture outside of Binance? What if he wanted to apply his expertise and resources to a different industry or domain? Would you invest in his next business?

There are many reasons why you might want to consider doing so. Here are some of them:

CZ has proven himself as a leader who can execute and scale a global business in a highly competitive and dynamic market. He has built Binance from scratch in less than four years, overcoming multiple challenges and regulatory hurdles along the way. He has also managed to maintain a loyal and engaged community of users, partners, and developers around the world.

CZ has a deep understanding of the blockchain technology and its potential applications across various sectors and use cases. He has been involved in the crypto space since 2013, when he sold his house to buy Bitcoin. He has also worked as a developer for several blockchain projects, such as Blockchain.info and OKCoin. He knows how to identify and evaluate the technical and commercial viability of new ideas and solutions.

CZ has a strong network of connections and influence in the crypto industry and beyond. He has established strategic partnerships with leading players in the fields of finance, technology, media, entertainment, travel, gaming, and more. He has also been featured in numerous publications and events as an expert and thought leader on blockchain and crypto topics. He has access to valuable resources and information that can help him launch and grow his next business.

CZ has a passion for innovation and social impact. He is not driven by money or fame, but by his vision of creating a more inclusive, transparent, and efficient financial system for everyone. He is always looking for ways to improve the user experience, lower the barriers to entry, and increase the adoption of blockchain and crypto solutions. He is also committed to giving back to the society through philanthropic initiatives, such as the Binance Charity Foundation.

These are just some of the reasons why you might want to invest in CZ’s next business. Of course, there are no guarantees that his next venture will be as successful as Binance or that it will align with your personal goals and values. But if you believe in his vision and trust his abilities, you might want to follow his footsteps and join him on his journey to shape the future of finance.

Binance Records Withdrawal Exceeding $1 Billion From Users, After CEO Pleaded Guilty to Money Laundering Case

Meanwhile, recent reports have disclosed that Binance, one of the world’s leading crypto exchange platforms, has recorded a withdrawal of more than $1 billion, as customers are reacting to the CEO Changpeng Zhao’s step down after he pleaded guilty to a money laundering case.

According to data provider Kaiko, it disclosed that the issue has also led to a drop in liquidity by 25% over the same time frame as market makers pull back their positions. The exchange’s native token BNB, is also down more than 8% in the last 24 hours.

Speaking on this, market analyst Grzegorz Drozdz said,

“The cryptocurrency that seems to have suffered the most, losing more than 9%, is the BNB token from Binance. Of the top 100 cryptocurrencies, as many as 98 have seen a noticeable rebound over the past 24 hours. Bitcoin, meanwhile, fell 4% before rebounding and remaining with a loss of 1.3%”.

Drozdz added that it may be a net positive for the industry now that the dispute with regulators is behind Binance and that the company has pledged to increase security measures.

The withdrawals recorded on Binance so far, are reportedly significant and close to what happened when the exchange and its founder in June this year, were charged with 13 securities violations by the SEC.

In June 2023, the U.S. regulator alleged that Zhao and his exchange worked to subvert their controls to allow high-net-worth U.S. investors and customers to continue trading on Binance’s unregulated international exchange.

This saw Binance and its U.S. affiliate hit with more than $790 million in withdrawals in 24 hours after the Securities and Exchange Commission (SEC) filed a lawsuit against them.

Binance’s native BNB token was down over 12% when the lawsuit was announced, while its BUSD stablecoin lost another 1% of its market cap.

With the recent withdrawals recorded on Binance following Zhao’s step down and his money laundering case, Nansen a blockchain analytics platform, announced that assets of more than 65 billion dollars remain on the platform, meaning that Binance is likely to withstand a sudden rush of investors away from the platform.

Notably, Binance has agreed to pay $4.3 billion in fines to the U.S. government. As part of the settlement with the Department of Justice, the company’s CEO Zhao, is personally paying $50 million and is barred from any involvement with Binance.

Zhao’s guilty plea and the resulting settlement represent a stark contrast to Binance’s earlier claims of progress in global regulatory compliance. The company had emphasized its commitment to strengthening client checks and building the best security and compliance platform in the crypto industry.

Several experts have said that Binance is likely to make it through the ordeal despite a turbulent situation. They cited the company’s decision to comply with the process and implement a three-year strategy to get its operations into compliance, and the amount of assets held within the company’s reserves.

Yesha Yadav, Milton R. Underwood professor of law and associate dean at Vanderbilt University, said,

“The sum of $4 billion is clearly very large and will create real pain for Binance’s balance sheet”.

He however added that the fine does not appear to be dealing a fatal blow to the exchange, which he doubts that Binance will face risks to its solvency in paying this fine.

However, despite the recent challenges, Binance still accounts for about all of the global crypto trading volumes,

The Rule In Foss v Harbottle and The Majority Rule; Legislative Drafting In Nigeria

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The minority rights protection serves as an exception and protection from the harsh effects of the principle of Corporate Law established in the English case of Foss v Harbottle. This article will be looking at the legal rationale established in that case and its application in Nigeria today as a Common Law jurisdiction itself.

What is the principle of majority rule?

It is a well established principle that a company is a separate legal person from its members. Once it is accepted that the company is a legal person, it follows that if a wrong is done to the company, the company is the proper person to bring an action. 

Therefore,as a rule, when a company is incorporated and is a going concern, the wish of the majority must prevail as it is important that the principle of democracy should prevail.

A company must therefore, act in accordance with the decisions taken by the majority of its members willing and able to vote.

Also, it is part of the rule that once powers have been delegated to directors, the majority cannot derogate from the powers of the directors for the day-to-day management of the company. However, the power of the majority rule extends to every facet of the company’s affairs. The majority of members have the power to :

  1. Alter the Memorandum and Articles of Association of the company.
  1. They appoint and dismiss the directors.
  1. If they so desire, they can put an end to the business.

What is the rationale for the rule in Foss v Harbottle?

In the English case of Foss v Harbottle, the court in a suit between a company’s shareholders and directors over a secret profit allegation held that the company’s board of directors was still in existence, and since it was still possible to call a general meeting of the company, there was nothing stopping the company from obtaining redress in its corporate character and that the action of the claimants who were shareholders in the company could not be sustained.

This principle has been held to apply not only to incorporated bodies but also to unincorporated associations and has been adopted in Nigerian cases like Abu Bakare v Smith (1973) 6 SC 31.

The rationale of the rule in Foss v Harbottle is based on the following :-

  1. If every individual member of a company were permitted to sue anyone who had injured the company through a breach of duty, there could be as many actions as there are shareholders, that is, it prevents the multiplicity of suits.
  1. Legal proceedings would never cease and there would be enormous wastage of time and money.
  1. A defendant in a corporate litigation matter will be better protected if the company is the main plaintiff because the defendants rights like counterclaim, set-off,etc, are preserved if the company is sued.
  1. If an individual member could sue a person who had caused loss to the company and the company then ratified that person’s act at a general meeting, then a legal proceeding would be quite useless, for a court will naturally hold that the will of the majority prevails. This is essentially based on the Partnership doctrine that the court will not interfere in matters of internal management. Courts will generally not act in vain. This is based on one of the maxims of Equity that ” Equity will not act in vain”. This has been established in many common law cases so far. 

Legislative Drafting In Nigeria 

This article will be looking at the practice of legislative drafting which is the process of creating a law(legislation) through the legal skill of  preparing a bill(proposed law) through draftsmanship. 

What are the stages of legislative drafting? 

  1. Receiving and understanding the instructions to draft a bill. 
  1. Analyzing the instruction, areas of danger, and practicability of the proposed law. 
  1. Designing the draft. 
  1. Composition/actual preparation of the bill using precedents where available.

 Further scrutiny.

What are the parts of a legislation? 

– Legislations are divided into sections containing one idea, and if long, it should be broken into subsections dealing with related ideas. 

– Sections are numbered in unbracketed Arabic numerals. 

– Subsections in bracketed Arabic numerals. 

– Paragraphs in bracketed small alphabets. 

– Subparagraphs in bracketed Roman numerals. 

– Punctuation marks form part of a legislation.

In summary, legislations are divided into 4 segments : 

  1. Preliminary provisions. 
  1. Principal segments. 
  1. Miscellaneous provisions. 
  1. Final provisions. 

What are the components of the preliminary provisions of a legislative draft? 

  1. The long title 
  1. The preamble 
  1. The enacting clause 
  1. The short title 
  1. The commencement  
  1. The interpretation clause 
  1. The application clause.

What are the components of a legislative draft’s principal provisions? 

  1. The substantive provisions 
  1. The administrative provisions

What are the components of the miscellaneous section of a legislative draft? 

  1. The offenses and penalties clause 
  1. Supplementary provisions on making of subsidiary legislation 
  1. Indemnity clauses 
  1. Services of notices 
  1. Powers of entry clauses 
  1. Search, seizure and arrest clause 

What are the components of the final provisions chapter of a legislative draft? 

  1. The transitional provisions 
  1. Repeal & consequential amendments 
  1. Schedules. 

What are the tools of judicial interpretation necessary for understanding the intention of a legislative draft? 

Courts cannot invite lawmakers to explain the law, they must find their intention. Where there are mistakes, the court can correct them, and where there are gaps/lacunae in a law, the courts cannot fill these gaps.  

The available tools of judicial interpretation revolve mainly around the following:- 

  1. The Interpretation Act/laws of Nigeria/various states. 
  1. Definition clauses in a law 
  1. Law dictionaries 
  1. Case Law (Stare Decisis).  
  1. Rules of interpretation (the mischief rule, the golden rule, the literal rule, the Ejusdem Generis rule, etc.,).