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When Parliamentarians Fail To Read Bills Before They Become Laws

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Raise your hand if you read those Terms & Conditions before you signed up into that website. Of course, no one reads those things. But you would expect federal lawmakers to have their staff read parliamentary bills before they become laws. Of course in a nation where the chief media officer to a senator has his own chief media officer to the “chief media officer to a senator”, everything fails. You saw that interview where the head of media of a big time political leader excused his ignorance of top of the hour news because “his boys have not updated him”. Of course, he was too busy to have glanced through the dailies.

Where am I going? The oil producing states are realizing that the highly heralded Petroleum Industry Act (PIA) for the oil industry may be a poison pill in some areas. Ledum Mitee, a legal practitioner, commented on the 13% derivation to the states: “I think the unveiling of NNPC Ltd has grave implications to the states, especially of the oil-producing states. I think the states and the local councils took their eyes off the ball and they were done for in the passage of the PIB into PIA”. 

The information minister under General Abdulsalami Abubakar when the 1999 Nigerian Constitution was adopted has confessed that he did not see the document for once. In other words, he was not allowed even as a minister. But do not see him as a victim: he was telling Nigerians that the Constitution will drive our democracy even though he had not seen it. And he did not resign! 

That says it: most of your leaders do not read those bills. Many surprises are coming as Abuja takes over everything because the breeder (NNPC) is caged.

For most of the states too busy with local politics to read written documents or hire young lawyers looking for jobs to do the needful, the destination now could be the Supreme Court: “Mr. Mitee further urged states not to hesitate to proceed to the Supreme Court to set aside several offensive portions of the PIA.” Indeed, this PIA was drafted over years but none paid attention. Now that it has gone into production, economic freedom fighters will emerge. With PIA, Nigeria scored against the states big time across many domains!

It is typical when elected representatives are too “big” to read bills before they become laws.

NNPC Fails To Remit Funds For 7 Straight Months, Some States Badly Affected in Nigeria

NNPC Fails To Remit Funds For 7 Straight Months, Some States Badly Affected in Nigeria

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Despite recording a gross revenue of over N2.8 trillion from crude oil and gas sales this period, the Nigerian National Petroleum Company Limited (NNPC) has failed to carry out its obligation of remitting funds to the account of the federation for seven straight months.

NNPC was expected to remit funds into the account of the federation, which will then be distributed to the three tiers of government.

They however, noted that it deducted the funds meant to be remitted to the Federation Accounts Allocation Committee, (FAAC) to cover petrol subsidy over the months, resulting in zero revenue remittances, also stating that it would no longer remit any money to the FAAC account following its transition to a limited liability company.

What the NNPC implies is that following its transition, it currently owes no money to FAAC, as all monetary arrears to the committee were owed by the old corporation and not the new limited liability company.

Recall that President Buhari in July unveiled the NNPC as a limited liability company, declaring that the new entity was henceforth free from institutional regulations. 

Currently, it has been reported that some states in Nigeria with low internally generated revenue (IGR), are badly hit, as they now owe their workforce for several months, following the prevailing development of NNPC that has worsened their financial crisis.

Displeased with the financial crisis some states are currently faced with, legal practitioner, Ledum Mitee, stated that the 13 percent derivation to the oil-producing states was under threat in the present circumstance.

In his words;

“I think the unveiling of NNPC Ltd has grave implications to the states, especially of the oil-producing states. I think the states and the local councils took their eyes off the ball and they were done for in the passage of the PIB into PIA,”

Mr. Mitee further urged states not to hesitate to proceed to the Supreme Court to set aside several offensive portions of the PIA.

Another legal practitioner Madaki Ameh commenting on the issue, disclosed that the prevailing situation was raising germane legal issues which would need to be addressed as the PIA is implemented.

He, however, differed from what Mitee suggested on the issue of 13 percent derivation, stating that while Section 44(3) of the 1999 Constitution vests ownership of petroleum resources on the Federal Government, the same Constitution provides for sharing of revenue and makes provisions for 13 percent derivation.

He stated that for accounting purposes, revenues accruing to the Federal Government from oil and gas activities carried out by the NNPC Ltd will still have to be shared in compliance with the provisions of the constitution, and this would include the NHT and CIT payable by NNPC and other companies operating in the oil and gas industry.

According to him, the funds available to FAAC for distribution to states have been coming from FIRS and Customs, adding that it has taken a toll on the revenues available to states.

Mr. Madaki insisted that the sub-national governments needed to look inwards and improve their internally generated revenue potential.

He however called on the Federal Government to devise ingenious ways to solve the subsidy quagmire, saying it has become unsustainable in view of dwindling revenues and increased debt service obligations.

There is no disputing the fact that this dwindling revenues states are currently faced with, would create an expected negative impact on the ability of affected states to meet their obligations and also lead to renewed agitations for resource control.

Defaults on payment of salaries, pensions, and delivery of basic services will continue to increase unless the governors become innovative and think outside the box.

With a projected N1.473 trillion payment to the federation for the entire year and a monthly remittance of N122.767 billion, the implication is that the federal, state, and local governments may continue to have cash shortages for a while since the payments constitute a major revenue source.

Nigeria Suspends Proposed 5% Tax on Telecom Services

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Following the backlash from both consumers and stakeholders, the Federal Government has suspended the introduction of five percent excise duty proposed for the digital economy sector.

The tax was earlier proposed by the Minister of Finance Zainab Ahmed as a way to generate more revenue to cushion the effects of revenue shortfalls from crude oil export.

The Minister of Communications and Digital Economy, Isa Pantami announced the suspension in Abuja during the inauguration of a committee that will review the policy on Monday.

Pantami, who was among those who earlier criticized the proposal, said he personally rejected the policy and advised President Muhammadu Buhari against it in view of the effects it would have on the digital economy.

He said the introduction of excise duty in the telecommunication and information and communications technology industry would jeopardize the successes already recorded within the industry, adding that currently, the ICT sector is over-burdened with multiple taxations both at the federal and state level.

Pantami further disclosed that there are more than 41 taxes that telecommunication and ICT companies are paying and that it would be unfair to subject them to payment of excise duty.

However, a presidential committee on the review of the excise duty in the digital economy has been inaugurated by the federal government. The committee is made up of Isah Pantami as chairman and the Minister of Finance as a member.

Other members are the Executive Secretary of the Nigerian Communications Commission (NCC), Professor Umar Danbatta, the Executive Chairman of the Federal Inland Revenue Service, Muhammad Nami and representatives of the telecommunication industries.

But in response to Pantimi’s disapproval of the five percent communication tax proposal, Ahmed said he was, together with other relevant agencies, informed about the implementation, which was approved by Buhari.

The finance minister also faulted Pantami’s disapproval, adding that he was involved in the Finance Act.

“Against the comments by Isa Ali Pantami, honourable minister of communication and digital economy, concerning the five percent excise duty hike on telecoms services, it is worth noting that there was a circular stating the planned hike which was addressed to the communication minister and other relevant ministries and agencies of government,” Ahmed said in a statement issued by the ministry.

“The circular Referenced No. F. 17417/VI/286, dated March 1, 2022, and titled “Approval for Implementation of the 2022 Fiscal Policy Measures and Tariff Amendments” was addressed to different ministers, including the honourable minister, communications and digital economy and other heads of government agencies.”

The backlash generated by the federal government’s move to implement the five percent tax was based mainly on the concern that it will overburden the telecom sector with taxes. Nigeria’s telecom sector has served as the country’s cash cow in the face of economic strains emanating from Covid-19 and oil revenue shortfalls.

Tekedia Mini-MBA Login Instructions Sent, Community Updates

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Greetings! We have a couple of updates for the large Tekedia Community. Here we go:

#1.Some of our members celebrated Tekedia Mini-MBA edition 8 graduation at Lagos Lagoon Restaurant on Saturday. We thank the organizers who made this independently organized event a huge success. More photos will be populated here.

#2. We have sent login instructions for Tekedia Mini-MBA edition 9 which begins on Monday, Sept 12, 2022. If you have paid and yet to receive the email (check spam folder), simply go here for the same instruction – and follow the steps. Your account has already been populated in our database.

#3. By next year, we plan to have a Tekedia store in Lagos where members can buy business cases, selected courseware, our books, t-shirts, etc but we want every aspect to be members-driven. Yes, admission is that you have attended Tekedia Institute. The store will issue an ID like your bank debit card. That admission will also give you discounts for insurance, shopping,  auto repairs, etc. We expect the store to have a studio as we plan to have a TV program. Everything will be members-driven. If interested, contact nnamdi@fasmicro.com. Tekedia Institute will make a one-time grant to the alumni community if there is a plan to make this happen. We expect all to be structured as a public benefit entity.

#4. Registration continues for Tekedia Mini-MBA edition 9 which begins next week. Cost is N90,000 naira ($170) for the 12-week program. If you plan to join Africa’s largest business school, go here and pay

3 Tips for Successfully Navigating Uncertainty 

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Our world is currently in a very precarious state. Right now, many countries and economies are tottering on the brink of collapse. It’s been barely two years since the darkest moments of COVID 19 – which is still raging – with countries still trying to find their balance to normalcy and embrace the new normal. Then the Ukrainian war was triggered, and this has had a global ripple effect with fuel shortages resulting in hikes in fuel prices, high cost of production, inflation, and the resulting hike in living costs. Significant global food shortages have also resulted from the war.

Lately, there have been reports of demonstrations in major European cities to protest the rising cost of living and dwindling income. While the nation of Sri Lanka has officially declared bankruptcy, Ghana is reaching out for an IMF loan to meet up with its obligations and stay afloat. Many more businesses and economies stand at risk of impacts from events on the global scale. The unflattering realities that are unfolding around us are likely to take a toll on our mental health and wellbeing as it forces us to ponder our fate in the face of the unpredictable future and what this might mean for our jobs, careers, and income levels.

So, what do we do? How does one respond to these external forces over which we have absolutely no control? How do we keep calm and sane and not lose hope and drive? The most important fact to note when navigating through uncertainty is the fact that your mind is your greatest asset; it could also be the converse. The battle is fought and won in your mind, so you must pay utmost attention to your mind, and the inputs that shape your outlook on the situation.

Here is a list of important mindsets to help you stay strong in navigating uncertainty and coming out of it stronger and better.

Mind Your Focus: 

Keep your mind fixated on only the positive. This is not to be misunderstood for denying reality, instead, it should be seen as an attitude for dealing with negativity. Look out for what is working in spite of all that may not be working around you. Be mindful of every progress made and consciously celebrate them. As humans, we have a high sense of aversion to loss, so we tend to amplify any experience of loss, either it happens to us directly or we hear of it remotely. Whatever you focus on shapes your perception and realities to a great extent, it also shapes your expectations as well, so keep your eyes on positivity.

A certain research that was performed with two groups of monkeys. The first group were given one piece of banana each, the result is that it made them very happy. The second group of monkeys, however, were given two pieces of banana each, but then, one banana was taken away from them almost immediately. The result was angst amongst the monkeys. They lost focus on the fact that they still had one piece of banana like the other group, instead their focus was on the one piece that was taken away from them, and that determined their reaction.

Most times, as humans, we exhibit the same kind of cognitive biases. We focus on our loss, instead of our gains. This mindset can only lead to one outcome – defeat. We cannot make progress and move forward when our focus is wrongly placed on what we’ve lost, or don’t have ahead of what we do have, and what we have going for us.

This is particularly important when going through rather uncertain times like we currently are. Do not keep your focus on what is wrong, and not working. It is important to acknowledge these, but they shouldn’t be the main focus or the determinant of our happiness.

Retune Your Decision-Making Mechanism:

In his book Peaks and Valleys(1), author Spencer Johnson posits that life is really made up of peak and valley experiences. The peaks are the good times, when we experience success, and are coasting on to victory, while the valleys are the downtimes, periods when we experience failure and adversity. However, he further posits that it is the bad decisions and actions made in our peaks that oftentimes create our valley experiences, and conversely, it is the good decisions made and the corresponding actions we that take when we are in the valley season that helps us create the next peak experience or season of our lives.

This holds quite true not only for individuals, but is applicable on a collective level for societies, nations, and economies. One could say that the world is going through a valley phase at the moment, and the cause is not far-fetched. Escalating a war, while the world was still grappling with the setbacks from a pandemic and thereby plunging the world into an energy and food crisis, and the ripple effect on national and individual economies is obviously the trigger for the current valley. And whether we will make it to another peak, and how soon that will happen depends squarely on the quality of decisions and actions that the leaders will choose to pursue as we navigate the current valley situation.

The global economic valley will likely create valley experience for a lot of people as it threatens careers, incomes and likelihoods, however, the most important thing to do while we go through the valley experience is to keep our focus on making the kind and quality of decisions that will help us exit the valley experience and to a good extent, insulate us from the external valley experience that we have no control over.

This is the best time to invest heavily in yourself and anything that helps you make progress, and keeps you less affected by economic upheavals. If it is necessary, register for a professional course, diversify your investment, look to create other streams of income, or even hire a coach if that will help you get clarity needed to move ahead. Immerse yourself in social, spiritual, and emotional networks with positive energies, impacts and influence. By all means don’t get stuck in the valley, whether it is self-induced or inflicted by global turn of events. Investments have their costs, but such costs are not necessarily and essentially financial; they could be in the form of discipline, tough but purposeful life decisions on how to optimise the use of resources, time as well as physical, relational, and emotional energy.

Review Your Goals:

When hit by periods of uncertainty one important thing to do is to review our goals. The parameters on which we made our initial projections when we set our goals initially have been drastically altered, this makes it necessary to review our goals based on new realities. Even more important is the fact that we need to consider the mindset that frames the kinds of goals that we set.

There are two kinds of goal mindset possible. First is the ‘approach’ mindset, and the second is ‘avoidance’ mindset. Approach goals are goals that we set for ourselves based on a desirable future; these kinds of goals are of an aspirational nature, and they get us working towards creating a new experience at a higher level than we currently are. On the other hand, avoidance goals are set from the place of pain and loss experienced in the past. They are set on the basis of what we don’t want.

When we are hit with unpleasant experiences, they tend to shape how we view our future and how we set our goals in life, and the result of this is that we tend to set our goals from an avoidance mindset. The danger with this is that it keeps the focus on the past, unpleasant experience, and this leads to a fixed mindset that makes growth almost impossible. What we should do however, is ensure that our goals are made from an approach mindset. In this way, we are forward looking, and this shows to us that we believe in our future more than our past.

Seasons of uncertainty are a very tough experience to deal with, however, with the right mindset in place, they can be successfully navigated with minimal casualties. By keeping our focus on the right direction, making the right decisions, and setting the right goals, we can make unpleasant times work positively for us.

Notes

  1. https://www.simonandschuster.com/books/Peaks-and-Valleys/Spencer-Johnson/9781501108082