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Home Blog Page 4020

Abia State Operates More Efficiently Than Most States in the Comparison 

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Many members here have asked for my comments on why the Office of the Governor, Abia State, is spending N5.32 billion when the equivalent in Ebonyi State does only N805 million.  The accusation goes like this: “According to the records, Alex Otti used the sum of N5.32 billion to run the governor’s office from his private residence in Isiala Ngwa in three months while his counterpart in Ebonyi State used the sum of N805 million to run the governor’s office during the period under review.”

My Response:  I write as the co-chair of the Economic Transformation Council and in my personal capacity. This does not represent any position from the Government. We do this as a service to our people and we expect nothing in return.

Now, to the comparison, Ebonyi State uses 35 commissioners and ministries. In Abia State, we suggested to the governor to stay below 20 commissioners/ministries.  But to run things, the state created a Unit within the Governor’s Office to drive the coordination of strategies, project coordinations, project executions, etc, making the government processes more integrated and optimized. That Unit works to ensure things are done. Also, it essentially eliminated more than 15 ministries in Ebonyi State if we have to compare.

Of course, because of that Unit, the expense in the Governor’s Office seems higher but when you check what it eliminated, Abia State has a better cost efficiency. Looking at the data, Ebonyi State has a larger cumulative recurrent expenditure when compared with Abia State.

Abia State expects this administrative consolidation to reduce operating and administrative expenses with the savings channeled into education, healthcare, pensions, etc.

The quarterly reports are here and we ask everyone to go and peruse.  

In summary, I have used Ebonyi State* to integrate the understanding of the media people (Ebonyi has the least Governor’s Office expense), and with that, one can differentiate how Abia State is different from other states, because in this government, we are working for a calculus of opportunity and development. 

*nothing against Ebonyi State, just using it as the media people have focused on its low number. 

Africa-Focused Venture Capital Firm, Novastar Ventures, Has Obtained $80M Capital From Japan’s SBI Holdings

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Fund, money cash dollar

Novastar Ventures, a Pan-African venture capital firm dedicated to financing early and growth-stage businesses in Africa, has secured an $80 million capital injection from Japan’s SBI Holdings.

The capital is the first direct investment from the Tokyo-based financial services company into a VC firm in Africa. Following the deal, SBI Holdings will take a minority stake in Novastar and get a non-executive seat on its board as SBI’s adviser in Africa.

Also, SBI Holdings will help to mobilize matching commitments from Japanese institutional investors to Novastar’s funds. 

Novastar Co-founder and managing partner Steve Beck said that together with SBI holdings, both companies see an opportunity to harness Africa’s development path, which includes business models that leapfrog the future of the African continent.

Also speaking on the $80 million investment in Novastar Ventures, President and CEO of SBI Holdings, Yoshitaka Kitao said,

With its rapid growth, young and tech-savvy population, abundant natural assets, and increasing urbanization, Africa is poised for global leadership on sustainable development. 

We recognize Novastar as the leader in African VC and look forward to building a new, trusted bridge between Japan and Africa for financial and strategic investment, knowledge transfer, and innovation learnings. This partnership will leverage Africa’s megatrends for the mutual benefit of Japanese investors and African businesses”.

The new commitment comes at a time when Novastar is raising its third pool, The Africa People + Planet Fund, which aims to close at over $260 million to invest in the agriculture and climate solutions sector.

Novastar will back startups offering services that enable access-to-market and resilience in the face of climate change for the many clean techs that help decarbonize the growth envisioned for the continent, and climate techs that protect biodiversity, improve soil health, and capture carbon.

Novastar sees value in a partnership with SBI Holdings as it raises its latest fund to back agriculture and climate startups, and plans to co-invest in future deals.

The African-focused VC firm is known for its impact investing approach, where it not only seeks financial returns but also aims to drive positive change and social progress in the regions it operates.

This includes providing funding and support to businesses that are addressing critical challenges in Africa, such as access to quality education and healthcare, financial inclusion, and sustainable agriculture.

Through its investments and commitment to social impact, Novastar Ventures plays a significant role in fostering entrepreneurship, innovation, and economic empowerment in Africa, ultimately contributing to the continent’s long-term prosperity.

Register for Investment and Portfolio Management Program

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Registration for Tekedia Institute Investment and Portfolio Management program continues. The first live  Zoom session comes up on Saturday at 4-6pm WAT. Register today and master the mechanics of investing, from our award winning faculty.

Tekedia Investment and Portfolio Management program is designed to provide learners with hands-on experience in performing investment research, investing capital, and managing a portfolio.  The program runs for 8 weeks and it is  completely virtual. Besides some pre-recorded courseware developed by eminent capital market experts, the program includes live Zoom sessions.

WeWork files for bankruptcy, Wiping $47 Billion Created

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As WeWork files for bankruptcy, demonstrating the power of capitalism which giveth and also taketh, I re-share this piece which I wrote in 2019, making a point that the exit of the founder would imperil the company. Today, a company which was at its peak valued at $47 billion is largely worth nothing today.

“Now, SoftBank is possibly going to lose billions of dollars (in the interim); other investors will also have red eyes. …Simply, for WeWork, there is no winner here as they have just lost a leader and possibly imperiled the company in the process “, I wrote in 2019.

An African proverb is clear – “no man, no matter how wealthy, can prepare enough food for his kinsmen, but if those kinsmen make food for him, he will be unable to consume the whole food”. Too bad, the food was too much for the WeWork team.

The Japanese investment giant SoftBank posted a net loss of $6.2 billion for the quarter ending Sept. 30 — and much of that can be owed to the decline and bankruptcy of WeWork. SoftBank has been WeWork’s main investor since 2017, and bailed out the company for $9.5 billion just three years ago, after WeWork’s botched IPO attempt. In total, SoftBank has lost more than $14 billion on WeWork; earlier this year, SoftBank founder Masayoshi Son called the investment “a stain on my life.” (LinkedIn News)


WeWork Inc. (NYSE: WE) (“WeWork” or “the Company”), the leading global flexible space provider, today announced that it has commenced a comprehensive reorganization to strengthen its capital structure and financial performance and best position the Company for future success. The Company maintains the strong support of its key financial stakeholders and has entered into a Restructuring Support Agreement (“RSA”) with holders representing approximately 92% of its secured notes to drastically reduce the Company’s existing funded debt and expedite the restructuring process. During this period, WeWork will further rationalize its commercial office lease portfolio while focusing on business continuity and delivering best-in-class services to its members, as global operations are expected to continue as usual.

To successfully achieve its goals, WeWork Inc. and certain of its entities filed for protection under Chapter 11 of the U.S. Bankruptcy Code, and intend to file recognition proceedings in Canada under Part IV of the Companies’ Creditors Arrangement Act (the “CCAA Recognition Proceedings”). WeWork’s locations outside of the U.S. and Canada are not part of this process. WeWork’s franchisees around the world are similarly not affected by these proceedings.

WeWork has a deliberate and value maximizing lease rejection plan that is expected to position the company for operational and financial success. As part of today’s filing, WeWork is requesting the ability to reject the leases of certain locations, which are largely non-operational and all affected members have received advanced notice.

David Tolley, CEO of WeWork said, “It is the WeWork community that makes us successful. Our more than half-million members around the world turn to us for the best-in-class spaces, hospitality, and technology that our 2,500 dedicated employees and valued partners provide. WeWork has a strong foundation, a dynamic business, and a bright future.”

“Now is the time for us to pull the future forward by aggressively addressing our legacy leases and dramatically improving our balance sheet,” Tolley continued. “We defined a new category of working, and these steps will enable us to remain the global leader in flexible work. I am deeply grateful for the support of our financial stakeholders as we work together to strengthen our capital structure and expedite this process through the Restructuring Support Agreement. We remain committed to investing in our products, services, and world-class team of employees to support our community.”

WeWork is filing with the Court a series of customary “First Day Motions” to facilitate a smooth transition into the process and to support operations throughout its cases, which it expects to be approved in short order. The Company will continue servicing its existing members, vendors, partners, and other stakeholders in the ordinary course of business. WeWork expects to have the financial liquidity to execute these proceedings and continue business in the ordinary course.

Restrictions On Rights To Land, Special Contracts & Certificates Of Occupancy Under Nigerian Law

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This article will be focused on the topics of:-

– The legal basis for a restriction of rights to ownership of land.

– Special Contracts Under Nigerian Land Law

– Certificates Of Occupancy Under The Land Use Act

– Licenses to excavate land for building materials

What is the legal basis for a restriction on the right to own land under Nigerian law?

– It is unlawful by virtue of the Land Use Act for a state governor to grant a statutory right of occupancy ot consent to the assignment or subletting of a statutory right of occupancy to a person under 21 years of age provided that :- 

a). Where a guardian or trustee of a person under 21 years has been duly appointed for such purpose, the governor may grant or consent to the assignment or subletting of a statutory right of occupancy to such a guardian or trustee on behalf of the underaged person.

b). A person under 21 years who receives a statutory right of occupancy upon the death of the holder, shall have the same liabilities and obligations under and in respect of his right of occupancy as if he were of full age, notwithstanding the fact that no guardian or trustee has been appointed for him.

What is the provision of the Land Use Act regarding special contracts?

A statutory right of occupancy granted under the relevant provisions of the act shall be for a definite term and may be granted subject to the terms of any contract which may be made by the government and the holder not being inconsistent with the provisions of this act. 

What are the conditions and implied provisions of law regarding certificates of occupancy?

– The governor is to issue a certificate under his hand in evidence of such right of occupancy when:-

a). Granting a statutory right of occupancy to any person.

b). When any person is in occupation of land under a customary right of occupancy and applies in the prescribed manner.

c). When any person is entitled to a statutory right of occupancy.

– Such a certificate shall be called a certificate of occupancy and there shall be paid therefore, by the person in whose name it is issued,such fee as may be prescribed if any.

– The Certificate can be cancelled where the person to whom it is issued, without lawful excuse, refuses or neglects to accept or pay for the certificate. 

– The holder binds himself to pay to the governor the amount found to be payable in respect of any inexhausted improvements existing on the land at the date of his entering into occupation.

– The holder binds himself to pay to the governor the rent fixed by the governor and any rent which may be agreed or fixed on revision in accordance with the Land Use Act.

What is the extent of a state governor’s powers to grant licenses to take building materials?

– It shall be lawful for the governor to grant a license to any person to enter upon any land which is not the subject of a statutory occupancy right or mining lease or right under the Minerals & Mining Act or any other enactment, and remove or extract therefrom any stone, gravel, clay, sand or other similar substance not being a mineral under the Minerals & Mining Act that may be required.

– No license in this regard shall be granted in respect of an area exceeding 400 hectares.

– Such a license cannot be transferred without the consent of the applicable state governor.

What is the regulatory requirement for occupancy rights holders regarding beacons?

– The occupier of a statutory right of occupancy shall at all times maintain all beacons or landmarks by which the boundaries of the land comprised in the statutory right of occupancy are defined and when in default the governor will via a written notice, require the occupier to do so.

The Exclusive Rights Of Statutory Occupiers/Owners Of Land & Regulatory Rental Rights Concerning Land Under Nigerian Law

This article will be focused on the exclusive rights of holders of occupancy grants and rents on occupancy rights under Nigerian law.

What are the exclusive rights of occupiers under Nigerian law?

– Subject to the other provisions of the Land Use Act & any laws relating to way leaves, to prospecting for minerals or mineral oils or to mining or to oil pipelines & subject to the Terms and Conditions of any contract made under the act, the occupier shall have exclusive rights to the land the subject of the statutory right of occupancy against all persons other than the governor.

What is the provision of the Land Use Act regarding the right to improvements?

– During the term of a statutory right of occupancy the holder :-

a). Shall have the sole right to absolute possession of all the improvements in the land.

b). May, subject to the governor’s consent, transfer, assign or mortgage any improvements on the land, which have been effected pursuant to the terms and conditions of the Certificate of Occupancy relating to the land.

What is the provision of the law regarding rents?

– In determining the amount of the original rent to be fixed for any particular land and the amount of the revised rent to be fixed on any subsequent revisions, the governor :-

a). Shall take into consideration the rent previously fixed in respect of any other land in the immediate neighborhood and shall have regard to all the circumstances of the case.

b). Shall not take into consideration any value due to capital expended upon the land by the same or previous occupier during his term or terms of occupancy, or any increase in the value of the land the rental of which is under consideration due to the employment of such capital.

What is the extent of a governor’s power to grant rights of occupancy free of rent or at reduced rent?

-The governor may grant a statutory right of occupancy free of rent or at a reduced rent in any case in which he is satisfied that it would be in the public interest to do so.

Is the acceptance of rent a valid waiver of a forfeiture under Nigerian law?

– No it isn’t. Subject to the relevant provisions of the Land Use Act, the acceptance by or on behalf of the governor of any rent shall not operate as a waiver by the government of any forfeiture accruing by reason of the breach of any covenant or condition, express or implied, in a Certificate of Occupancy. 

What is the provision of the law regarding penal rents?

When in any certificate of occupancy the holder has covenanted to develop or effect improvements on the land being the subject of the certificate and has breached such a covenant, the governor may :-

– Revise the penal rent to be paid upon the expiration of 12 months from the breach & such rent will be reviewed every 12 months from the continuance of the breach.