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Home Blog Page 4710

Nigerian Government Revenue Agency, FIRS, Enlists the Services of Telcos and Banks in New VAT Rule

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The Federal Inland Revenue Service (FIRS) has announced that Nigerian Telecommunications frontline companies, MTN and Airtel as well as Deposit Money Banks (DMBs) will now be saddled with responsibility to withhold value added tax (VAT) charged on all taxable supplies made to them which will subsequently be remitted to the Federal Government’s account. The new policy will be effective by January 2023.

The VAT that will be witheld by these companies are to be remitted to the FIRS on or before the 21st day of the month immediately following the month the tax was withheld, in the format prescribed by the service.

In a public notice FIRS released on Monday and signed by Muhammad Nami, the FIRS executive chairman, the role of the selected companies as well as the obligations of their suppliers with regards to the withholding of VAT were addressed. The public notice read as thus:

“This notice is given to all persons carrying on trade, profession or business of any kind, tax practitioners and the general public that, with effect from 1st January, 2023; in line with the provisions of section 14(3) of the value added tax act cap. V1 LFN 2004 (as amended), the following companies are appointed to withhold or collect VAT charged on all taxable supplies made to them: MTN; Airtel; and all money deposit banks—as defined by the CBN guidelines,” the notice reads.

“The companies shall remit the tax withheld or collected, in the currency of transaction, to the service on or before the 21st day of the month immediately following the month the tax was withheld or collected,” the notice reads.

“The tax withheld or collected under this notice shall be remitted in the format prescribed by the service but separately from VAT due on the companies’ taxable supplies.”

The FIRS further explains that a supplier whose output tax is withheld, as provided in the notice, “may deduct the input tax paid on the goods purchased or imported to make the taxable supply from the output tax collected on other taxable supplies”.

“And where the input tax paid to make the supply is not fully recovered from the output tax on other taxable supplies, the balance is refundable to the supplier; provided that a supplier who is entitled to a refund may utilise the amount refundable to offset future VAT liability or request for a cash pay-out.” FIRS added.

The revenue agency of the Federal Republic of Nigeria assured that adequate measures have been put in place to ensure prompt payment of refundable input tax under the new arrangement. It also said input tax claims, which include refunds, are subject to the limitations imposed by section 17(2)(a) of the VAT act.
Section 17(2)(a) of the VAT act states that, “input tax on any overhead, service, and general administration of any business which otherwise can be expanded through the income statement (profit and loss accounts) shall not be allowed as deduction from output tax”.

According to the PricewaterhouseCooper (PWC Nigeria), cited in news article by the Cable, under the withholding VAT rule, customers will be required to pay the vendor net of VAT while the VAT is remitted directly to the FIRS as against the supplier or service provider charging VAT on their invoice which is to be paid by the customer along with the price of the good or service for onward remittance to the FIRS. PWC Nigeria was reported to have said customers of MTN, Airtel and banks will not be affected, and the prices of telecom and banking services should remain the same.

“VAT is administered by FIRS at a charge rate of 7.5 percent. It (FIRS) transfers the generated revenue from the tax paid to the three levels of government via the federation accounts allocation committee (FAAC)” the cable reported.

STEM and STI Skills Are Africa’s Future

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It is a well-known fact that Africa’s economic prospects are being constrained due to the shortage of digital and technical skills in many sectors across the continent, hence the need for youths in the region to be properly equipped with STEM (science, technology, engineering and mathematics) and STI (ience, technology and innovation ) skills.

The possession of these skills will no doubt build their capacity which will be geared towards unlocking Africa’s future, as well as the achievement of a sustainable economy for the continent.

Given the complexity facing the developing world, economic growth, and improvement in the standard of living, there will continue to be great reliance on technological breakthroughs and innovations.

Unfortunately, STEM and STI skills in Africa are falling behind when compared to the rest of the world. The continent faces a big challenge of shortage of innovative solutions as only a low percentage of students graduate with STEM and STI-related degrees.

The African Development Bank (AFDB) reported that less than 25% of African higher education students pursue STEM-related career fields as a large percentage of students pursue social sciences and humanities courses.

With the world rapidly evolving into a digital age, the limited STEM and STI Skills in Africa have no doubt limited a large percentage of the workforce in accessing digital and high-quality jobs.

The implication of this is that without adequate investment in STEM and STI skills, Africa will be faced with difficulty in having to evolve with the rest of the world as well as failing to achieve the goals that the African Union (AU) has laid out for the continent in her 2063 agenda.

The AU’s agenda for 2063 aspires for inclusive growth and sustainable education programs that can ensure skills revolution, accentuating innovation, and Science and Technology in Africa. This is why it is critical for education in Africa to reach new levels, particularly with skills that can promote more STEM and STI jobs thereby unlocking its future.

To achieve this, it is only ideal that governments in Africa see the large population of youths as a great advantage by investing heavily in STEM AND STI Education to enable them to compete with the rest of the world.

If this is properly and efficiently carried out, Africa will likely become one of the fastest developing economies in the world due to its large population size, which will no doubt bring about investments, innovations, and the reduction of unemployment amongst others.

It is however important for government agencies in Africa to know that STEM and STI Education is key to unlocking Africa’s future, which will harness the potentials of young people.

Despite the shortage of STEM education and STI skills in Africa, it is interesting to note that governments of some African countries have already begun to introduce STEM AND STI education in their country, as well as some African agencies.

For example, the African Union Continental Education Strategy For Africa (CESA) aims to transform Africa’s education and training systems to generate sustainable knowledge, competencies, skills, innovation, and creativity suitable for Africa’s socioeconomic development.

Also, the African Union High-level Panel on Innovation Emerging Technologies (APET) has  encouraged member countries of the AU to sustainably develop and inclusively implement practical and localized STEM education.

Some African countries have taken huge steps by revitalizing and expanding access to quality education, harnessing the capacity of training systems, and harmonizing education management and integration by strengthening STEM and STI education in their school curricula. Some of these countries are Ethiopia, Zimbabwe, Ghana, Rwanda, Kenya, etc.

Using Rwanda as a case study, the East African country has significantly promoted STEM education across all levels of study. In 2019, Rwanda introduced the newly developed education curriculum referred to as the “New Competence-Based Curriculum” for pre-primary up to upper secondary education.

Also, the country’s one-laptop per child (OLPC) flagship program has encouraged ICT-enabled primary school education. Today one can attest to the fact that there is so much development in Rwanda. With a robust STEM and STI education infrastructure, students in Africa can easily carry out some experiments independently and improve their problem-solving skills as needed by the knowledge-based economy.

These skilled students can use innovative technological equipment that can be used in the African region to develop a lot of things that will give the region a competitive advantage over other nations.

Enhanced STEM education and STI-related outputs can drive the economic performance for the African continent, as this has been observed in other continents such as Asia, Europe, and the Americas.

Conclusion

Over the next decade, job openings requiring STEM literacy have been predicted to increase. It has become apparent that STEM and STI skills are an important determinant of a country’s economic development and security.

Countries that have invested in STEM and STI education have no doubt experienced global prominence. For instance, studies estimate that between 50 to 85 percent of U.S GDP in the past 50 years can be attributed to advancements in STEM education, with many of its universities taking over the world rankings for their excellence in STEM degrees.

Therefore, in Africa STEM and STI skills is a very critical leg to creatively develop the solutions and innovations that are needed in the region.

Africa is blessed with so many skilled youths who need their talents to be harnessed through the right education (STEM & STI). When this is carried out effectively, there is no disputing the fact that the African continent will become an envy to other continents across the globe.

Ex turpi Causa Non Oritur Actio

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I was listening to some law students engage in academic arguments in their moot court trials the other day and all of them were quoting a Latin legal maxim “Ex turpi  Causa Non Oritur Actio” and it occurred to me by the way they were busy quoting it even where the principle is not applicable that most of these law students and even lawyers who quote these legal maxims do not know their meanings, they just use it to bully the person on the other side into submission.

So let me use this medium to educate our readers on the meaning of this popular Latin law maxim; Ex turpi causa non oritur actio; how it became one of the most famous legal principles and the old English case it was first applied.

Ex turpi causa non oritur actio is a Latin phrase that literally means “from a dishonorable cause an action does not arise”.

It is a legal doctrine that tends to postulate that a claimant will not be allowed to pursue legal remedies or seek redress in court if the action arises in connection with him engaging in an illegal or dishonorable act.

By the effect of this legal principle, a person who is fully aware that the deal or contract he is involved in is illegal cannot run to court when a party to the contract defaults, seeking the court to award him damages or force the other party to carry out his own part of the bargain.

This legal principle, “ex turpi causa non oritur actio”, can as well be used as a defense which is known as the illegality defense. It is a defense available to a defendant who may plead it, stating that “even though he broke a contract or conducted himself negligently nevertheless a claimant by being part of the illegality cannot enforce damages against him”.

In the case of National Coal Board v England (1954), AC 403, Lord Asquith while applying this legal principle of Ex turpi Causa Non Oritur Actio to the case, he painted a scenario to further explain this maxim. He stated thus; “If two burglars, A, and B, agree to open a safe by means of explosives, and A so negligently handles the explosive charge as to injure B, B might find some difficulty in maintaining an action for negligence against A”. 

This Latin maxim of Ex turpi  Causa Non Oritur Actio first gained its prominence as a legal principle in 1775 when Lord Mansfield applied it in the old case of Holman v Johnson (1775) 1 Cowp 341, since then, it has been applied in plethora cases and in numerous jurisdictions around the world as an outstanding and significant legal principle.

In the above case, the claimant sold an item to the defendant with the knowledge that the defendant intends to smuggle that item to another city where it is contraband. The defendant subsequently failed to pay the claimant and the claimant brought an action in court against the defendant praying the court to mandate the defendant to pay for the item.

The defendant raised this Latin maxim defense of “Ex turpi  Causa Non Oritur Actio”, as a legal defense stating that the transaction between him and the claimant was dishonorable and criminal, hence the defendant can not bring up an action in court to enforce the performance of a dishonorable act.

Although the court held in the favour of the claimant, stating that the principle does not apply to the case due to the circumstances and the facts of the case, since then, the Latin maxim Ex turpi  Causa Non Oritur Actio, has been a prominent legal principle in English jurisprudence.

 

As Jumia co-CEOs step down, Jumia Must Activate A Double Play Strategy

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The co-CEOs of Jumia have stepped down: “African e-commerce giant Jumia has made a change in management as co-founders Jeremy Hodara and Sacha Poignonnec step down effective today as co-CEOs”. You may wonder why it took that long. My position remains that what Jumia is trying to do is hopeless. There is no human who can run a B2C ecommerce business in sub-Saharan Africa and make money in the way Jumia is operating. I made that point in the Harvard Business Review many years ago and it remains so. 

From Kalahari to Mocality, OLX to old Konga and Jumia, the result will be the same: B2C ecommerce is a waste of time. The challenge is marginal cost paralysis which destroys value as you scale the business. In other words, you cannot compound and leverage anything because your unit economics does not improve as you expand.

The viable path to B2C ecommerce in Africa is the type Copia runs in Kenya. Where you cannot do that, go for B2B as TradeDepot, Mintyn and other companies do. But the traditional B2C ecommerce will burn your money.

Jumia remains a great company with many latent opportunities. I challenge the new CEO to adopt the double play strategy around its ecommerce’s one oasis. There are many great pieces in that company. But it has to restructure to unlock great moments out of the firm.

If Jumia can invite me to its Board, I will invest $100,000 tomorrow morning in the company. One area I will focus on is how it can overcome the marginal cost issue, and unlock profitability via a double play strategy. Hope they take me up! Jumia, let’s do it. I buy (to have skin in the game) and join your Board. We will fix this company.

The Double Play Strategy

from Yahoo Finance here

The two founders, who until today shared the chief executive role, have been at the helm of Africa’s only publicly traded company on the NYSE for over a decade, overseeing Jumia’s pan-African expansion across 11 countries as well as its product journey that now includes a marketplace, JumiaPay, its payment arm and a logistics platform.

Francis Dufay, who previously held the CEO role at one of Jumia’s fledging markets, Ivory Coast, will now replace both co-founders as acting CEO, the company’s Supervisory Board said in the statement. Dufay has been with Jumia since 2014, holding multiple senior leadership roles, more recently executive VP, Africa, responsible for the group’s e-commerce business across the continent.

According to the Supervisory Board, Dufay and Antoine Maillet-Mezeray — previously Jumia’s Group chief financial officer — have been appointed members of the company’s Management Board. Maillet-Mezeray, having stayed with Jumia for over six years and driving the company’s finance function and “further developing it in a public market context,” has earned a promotion too: executive vice president, Finance & Operations.

“We thank Jeremy and Sacha for their leadership over the last decade to envision and build a company that became the leading pan-African e-commerce player,” Jonathan Klein, chairman of the Supervisory Board, said of the announcement. “As we look ahead to the next chapter of Jumia’s journey, we want to bring more focus to the core e-commerce business as part of a more simplified and efficient organization with stronger fundamentals and a clearer path to profitability. We look forward to working closely with Francis, Antoine and the leadership team to execute on these objectives and continue on our mission of offering a compelling e-commerce platform to consumers, sellers and the broader Jumia ecosystem in Africa.”

NBC Executes Court Orders, Directs Multichoice to Sublicense Channels to Metro TV

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MutiChoice

National Broadcasting Commission (NBC) has directed pay television giant, Multichoice to sublicense some of its channels to Metro Digital Limited (Metro TV) in compliance with the current Broadcast Code and a recent appeal court judgement.

According to the Vanguard, the NBC gave the directive to the South African satellite TV network in a letter dated 25 October 2022, addressed to the Chief Executive Officer of Multichoice and signed by Chief George Obi, Head of Legal of NBC on behalf of the Director General of the commission.

The directive read in part, “You are hereby directed to comply with the 6th edition of the NBC Code as amended pursuant to Metro Digital’s request for channels sublicensing as ordered by the Federal Court of Appeal.”

Managing Director of Metro TV, Dr Ifeanyi Nwafor, MD, who has been on a three year legal battle with NBC and Multichoice to do the needful, told Vanguard on Monday in Port Harcourt, Rivers state, that the development will end Pay TV monopoly, restore several jobs loss and benefit Pay TV consumers in better service at affordable rates.

Nwafor said, “The growth of the broadcast industry in Nigeria has been limited due to monopolistic practices of the dominant player in the industry. AIl indigenous companies licensed in the last twenty years did not succeed because of these practices which includes content exclusivity, warehousing etc.

“Federal Government (FG) of Nigeria realizing the inherent danger outlawed foreign and domestic acquisition of contents on the basis of exclusivity, through amendment to the Broadcast Code. Furthermore, licensees and broadcasters are obligated to sublicense channels to other licensees or broadcasters for commercially agreeable fees.

“In tune with the foregoing, the appeal court sitting in Port Harcourt, Rivers state in an appeal filed by Metro Digital, ordered the regulatory body, NBC to execute its statutory functions in accordance with the provisions of the code.

“We are glad NBC has complied with the order of the court. The end of monopoly in Nigeria broadcasting industry will enhance competition, innovation and quality of service delivery. The industry will experience rapid growth, consumers will benefit from the competitive pricing that follows.

“We commend the role played by the FG, the Minister for Information and Culture, Alhaji Lai Mohammed and NBC towards the repositioning of the industry and end the monopolistic practices that have held the industry down for a long time.”

Nwafor who said Metro Digital would restore operations in coming disclosed that his organisation has applied to Multichoice requesting to be sublet Metro TV over 50 channels including views delight, the English Premier League on Supersports.