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Home Blog Page 4587

The Federal Capital Development Authority Abuja demolitions are illegal

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Whenever the name Federal Capital Development Authority (FCDA) or Federal Capital Territory Administration (FCTA) comes up or in the news, it’s always because of one reason which is demolition of buildings/properties. Whenever you see those names trending just know that they have demolished a property in the Federal Capital Territory or are threatening to demolish a property around the Abuja municipal area council. 

The FCDA recently demolished some properties valued at billions of Naira some days back in the federal capital territory and acts like this are of common occurrence. It is more like they are always happy to demolish or pull down buildings.

Truth be told that the FCDA or the FCTA does not just demolish a building out of personal vendetta or out of sheer greed as many have accused them; for a building or buildings to be pulled down by this agency of government, that building most have been wrong situated; just like in the Joseph Kpokpogiri’s saga that trended sometime this year, the building was situated in an area that have been marked for building of express high while some other buildings that have been demolished by the FCTA/FCDA must have been situated in areas that have been reserved by government to be used for one activities or the other that are of national interest.

Also, before a building will be demolished, the authorities must have issued a series of notices and warnings for the owners of the building or its dwellers to vacate such a building.

But the FCDA and the FCTA have become power- drunk that they act as the jury and the executioner most times; most of the property they demolished are done without valid court order which ought not to be so.

FCDA does not have powers to demolish any building without the order of the court, and that the law only empowers the authority to give notice to the owners or dwellers of the building after which the authority is expected to approach the Court for valid demolition order before taking further steps to demolish any building.

This is to say that the due process of the law and how it ought to be done in a civilized society like Nigeria is for FCTA or FCDA to give notice to the owners of the buildings that are not properly situated while they approach the court of  competent jurisdiction to grant them power to demolish a building.

Therefore, every building or property that FCTA/ FCDA have ever demolished without first obtaining proper court order to that effect is illegal and the owners of those property are entitled to enforce their rights against the government agency despite the fact that their buildings was wrongly situated but any agency of government that want to enforce the law must enforce the law by following due process.

Crypto Bank, Silvergate, Sued for Abetting FTX Fraudulent Activities

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A Lawsuit has been filed against Silvergate Bank, Silvergate Capital Corporation, and Silvergate CEO Alan Lane. Silvergate Bank is the leading bank for innovative businesses in fintech and cryptocurrency, based in San Diego.

The suit holds Silvergate accountable for its role in placing FTX user deposits into the bank accounts of Alameda Research and FTX which filed for Chapter 12 bankruptcy in November.

Silvergate, is a publicly traded and federally regulated bank, maintained accounts of both FTX and its affiliated company Alameda Research, with the plaintiff asserting that it was engaged in “first-hand participation in the commingling of funds, improper transfers, and lending out of customer money.”

Per court filings, plaintiff Joewy Gonzalez and “all others similarly situated” entrusted their investments to the now-bankrupt crypto exchange FTX, which promised investors that they would be able to “store assets securely as they gained in value, cash them out or trade them for other assets or financial products.”

In a July 2019 podcast interview, Silvergate’s CEO, Alan Lane, talked about the risks in banking the digital currency industry and said in part,

The biggest risk is that [Anti-Money Laundering] risk. So, the broad regulation, it’s the Bank Secrecy Act. AML, KYC, it’s all different ways of kind of saying the same thing, which is making sure that you know who your customers are and making sure that you’re not in any way providing funding, financing etc for illicit activity… The penalties are fines and they can be really severe. You can essentially put the entire bank at jeopardy.

However, with the collapse of FTX last month, the plaintiff and other FTX investors are unable to recover their investments, facing “years of uncertainty and catastrophic losses.”

The lawsuit also alleges that the defendants made misleading statements, failing to disclose that the company’s platform lacked sufficient controls and procedures to detect instances of money laundering.

“FTX/Alameda was one of Silvergate’s most important customers, and their business operations and interests were tightly entwined. Silvergate profited from deposits by digital-asset customers, which grew exponentially as FTX’s own business Expanded,” reads the filing.

Two weeks ago, The Bear Cave highlighted an August 2022 forfeiture application for probable cause filed in Broward County that alleges Silvergate was connected to a money laundering operation. The filing, first highlighted by Marcus Aurelius Research, reads in part,

Records produced by Silvergate Bank found: (i) During the period of September 2021 to June 2022 ten companies had transferred a total of over $425 million dollars off these cryptocurrency trading platforms into accounts held at different US banks. (ii) The accounts were receiving funds in the same pattern as those… used to facilitate the laundering of illicit funds.

Consequently, Signature Bank and Silvergate Capital, two financial companies with exposure to the digital currency universe, have seen their share prices fall sharply since cryptocurrency broker FTX blew up nearly one month ago.

It also added that “Silvergate’s actions and inaction were integral to Sam Bankman-Fried’s enterprise,” with all financial dealings occurring “in plain sight” of the La Jolla-based firm.

News of a class action lawsuit against Silvergate comes in the wake of Morgan Stanley’s move last week to downgrade the firm’s stock from “equal weight” to “underweight,” which sent the price of its shares tumbling.

To add more pressure on the firm, a group of senators, including the long-time crypto critic Elizabeth Warren, sent a letter to Silvergate CEO Alan Lane, requesting to disclose information about the bank’s relationship with FTX and the Bankman-Fried entities.

“Your bank’s involvement in the transfer of FTX customer funds to Alameda reveals what appears to be an egregious failure of your bank’s responsibility to monitor for and report suspicious financial activity carried out by its clients,” the letter said.

POS Operators Petition Buhari, National Assembly, Over New CBN’s Cash Withdrawal Policy

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Public outcry has continued to trail the newly introduced policy by the Central Bank of Nigeria (CBN), that limits over the counter and ATMs withdrawal to N100,000 per week for individuals and N500,000 for corporate organizations.

The policy also affected Point of Sale (POS) operators. POS withdrawal was limited to N20,000 per day for individuals and N100,000 for corporate bodies, greatly downsizing the operators’ turnover.

Consequently, a group under the aegis of Point of Sale (POS Operators) has in protest over the policy, petitioned President Muhammadu Buhari and the National Assembly.

Speaking to journalists in Abuja on Friday, the National President of Association of Mobile Money and Bank Agents in Nigeria (AMMBAN), Victor Olojo, said that if the central bank proceeds to implement the policy, more than 1.4 million bank agents will lose their jobs.

In the petition dated 16 Dec. 2022, the group asked that the policy be reviewed upward, allowing the maximum withdrawal limit of N500, 000 weekly for individuals and N3 million for corporate organizations.

“AMMBAN believes the cashless policy in its current state hasn’t provided for Mobile Money and Bank Agents in Nigeria adequately.

“Even as the CBN Governor made reference to the fact that Mobile Money and Bank Agents are spread across the country is one of the reasons why he strongly feels the country is ready for the cashless policy, the document puts the jobs of over 1.4million agents on the line in its present state.

“This and many other germane reasons informed the decisions of the Association to engage the CBN, the National Assembly and other relevant stakeholders.

“This is to ensure that while we show support for the cashless policy of the government through the CBN, the policy should recognize the categorization of Agents’ accounts as it does individuals and corporate entities,” he said.

But AMMBAN’s concern has been noted by the National Assembly. The House of Representatives had last week, summoned the CBN governor, Godwin Emefiele, to answer relevant questions respecting the cash withdrawal policy. The House had asked the governor to suspend the policy in order to protect Small and Medium Enterprises (SMEs), especially in rural areas.

“I do not know how my people will go and change this money, I do not know where my people will go and get it; the best we have is the POS, our people still deal in physical cash.

“The issue affects everyone, most of our people are in rural areas and everything is being done in Naira and cash and somebody will wake up and make a policy that will start tomorrow, no consultation.

“People have forgotten that 80 to 90 percent of our people are in the rural areas, we must do something to save the situation, if there were enough banks and facilities, why not, it will work,” Rep. Rep. Aliyu Magaji lamented.

On Wednesday, the Senate similarly asked the central bank to considerably adjust the cash withdrawal limits. Although Emefiele had acknowledged the possibility of the withdrawal limits being adjusted upward, the CBN governor did not honor the summon of the National Assembly to give further details about it.

Regulatory Framework Governing Digital Financial Services (DFS) Awareness in Nigeria

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The Central Bank of Nigeria (CBN) has in recent times been more deliberate in seeing to fruition the National Financial Inclusion Strategy, in this case through the promotion of Digital Financial Services or DFS as a priority.

To this end, the CBN passed the Guidelines on Digital Financial Services (DFS) Awareness on the 5th of July,2022. 

These guidelines were developed to address gaps in consumer knowledge and practices through DFS which is seen as a potential means of expanding access to financial services for the Nigerian population and boosting innovation in the financial services industry.

This article will thus be looking at the DFS awareness principle provisions of these guidelines, their applicability scope and their objectives. 

What is the applicability scope of the DFS Guidelines?

The DFS Guidelines apply to all institutions providing DFS including :- 

  1. Deposit money banks.
  1. Merchant banks.
  1. Other Financial Institutions (OFIs).
  1. Payment Service Banks (PSBs).
  1. Other payment service institutions licensed by the CBN.

What are the objectives of the DFS Guidelines?

The objectives of the DFS Guidelines are :-

  1. To set Digital Financial literacy standards for Digital Financial Service Providers (DFSPs).
  1. To align product development, promotion and Consumer awareness to DFS providers.
  1. To enhance transparency and proper disclosures in the rendering of Digital Financial Services.
  1. To ensure evidence-driven approaches to DFS.
  1. To drive a targeted DFS approach to the financial service-underserved segments of the population.

What are the notable DFS awareness principles espoused in the DFS Guidelines?

The most notable DFS awareness principles espoused under the CBN DFS Guidelines are :-

DFS Awareness & Education Promotion

DFSPs are to :-

– Conduct outreach initiatives to underserved populations regarding DFS options available to them.

– Provide information on products in simple English and local languages.

Disclosure, Transparency & User Privacy upon Service Adoption

DFSPs shall :-

– Disclose all items, conditions, fees & other associated charges on product offerings prior to enrolment.

– Ensure data privacy and protection into internal policies.

Product Visibility & Market Testing

DFSPs shall :-

– Ensure that products deployed are suitable for the target customers.

– Test product usability with end-users and modify as is necessary to reduce transaction errors.

Fraud Prevention

DFSPs shall :-

– Provide fraud prevention messages for consumer awareness and product usage.

Awareness & Access To Redress & Complaints Handling

DFSPs shall :-

– Disclose information on consumer complaints channels, resolutions and Service Level Agreements (SLAs) in product enrolment materials.

Monitoring & Evaluation

DFSPs shall :-

– Put in place strategies to assess their policies on raising consumer awareness and product use.

– Develop indicators and performance measuring to assess changes in awareness and usage.

Understanding the Concept of ‘Your Keys, Your Coins’

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Digital Wallet (commonly known as a Cryptocurrency Wallet) is an essential item that holds all of your digital tokens and connects you directly to blockchain technology. Think of it like your physical Wallet, but built for the digital Web3 world.

Your Keys, Your Coins

Your Keys, Your Coins, is a popular saying that highlights the primary feature of all Digital Wallets, ‘self-custody’. Self-custody means that everything kept inside of your Digital Wallet, is yours and only yours. Think of a real Wallet that holds your bank cards, these bank cards have a pin number that only you know. This is similar to a Digital Wallet, only you can access the assets in your Digital Wallet using what’s called a Private Key.

Everything stored inside your Digital Wallet is actually stored on the blockchain, whenever you want to access your assets in your Digital Wallet, you access them using a Private Key that only you know.

Your private key proves your ownership of your digital assets and this key allows you to sign for transactions. You must always keep your private key safe and secure, If you lose your private key, you lose access to your digital assets in your digital wallet.

What can I do with my Digital Wallet?

Securely store your own private keys.

Manage all your digital assets in one secure place.

Interact with decentralized protocols like Uniswap.

Use your digital wallet in any shop that accepts cryptocurrency.

Send and receive digital assets to any wallet anywhere in the world.

How digital wallets work

Different digital wallets use different technologies to process payments:

  • Near Field Communication, or NFC: This allows two devices to exchange information if they’re placed close to each other. Apple Pay and Google Pay use this technology. To use one of these digital wallets, the merchant must have compatible card readers at checkout.
  • Magnetic Secure Transmission, or MST: This generates a magnetic signal, much like when you swipe the magnetic stripe on a credit card. The signal is transmitted to the payment terminal’s card reader. Samsung Pay uses both MST and NFC technology.
  • QR codes: These are barcodes you can scan with your smartphone’s camera. In the PayPal app, for example, you can generate a QR code that lets you use your account to pay for an item in a store.

While the digital wallet examples above can be used at any merchant that accepts them, there are also “closed” digital wallets, like the Starbucks app, that are designed to be used only at a specific store. The above functionality’s is also prevalent using Crypto Digital Storage but with slight Cryptographic modifications.

Digital Wallet Choices

There are dozens of digital wallets that you can download for free, many of them come with unique features, but all of them provide the same service of storing your digital assets safely and securely. The most popular Digital Wallets include:

Metamask.

Coinbase Wallet.

Trust Wallet.

Core App.

Hot (Software) Wallet

A hot wallet is a type of digital wallet that stores private keys on a device connected to the internet, such as a smartphone or PC. Hot wallets are generally very convenient and are perfect for actively participating in decentralized finance (DeFi) protocols, minting non-fungible tokens (NFTs), and interacting with smart contracts.

Hot wallets usually come in the form of a browser extension or a smartphone application. This makes them very similar to traditional banking applications but comes with its own set of risks. Being connected to the internet means that hot wallets are a perfect target for malware and hackers.

These risks can be decreased by using antivirus software and generally being careful around the internet, but they are never completely eliminated. For those who want extra protection from potential risks, cold wallets are suitable alternatives.

Cold (Hardware) Wallet

A cold wallet usually comes in the form of a dedicated device that isn’t connected to the internet. Private keys are stored on the cold wallet device itself and never leave it. This means it is at a far lower risk from potentially being hacked and having the assets stolen.

The drawback is that Cold Wallets make interacting with decentralized protocols and transferring assets more difficult, since it can’t be done with just a phone or a computer.

Cold Wallets are often used as long-term storage options due to their security. Ledger and Trezor are the most popular cold wallets. They connect to a computer through USB and require users to physically approve each transaction on the device.