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Court Orders MultiChoice (DStv, GoTv) to Pay Nigeria’s Tax Agency N900 Billion

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The tax rift between the Federal Inland Revenue Service (FIRS) and Multichoice Nigeria Limited took a new turn on Wednesday following a court ruling ordering the TV company to pay N900 billion to the tax agency, which is 50% of the backlog of what it allegedly owes in taxes.

The FIRS had accused Multichoice of owing up to N1.8 trillion in taxes after the tax body said it conducted a forensic audit which revealed that the company had failed to fully fulfill its civic responsibility in the assessed years. NAN reports that five-member Tax Appeal Tribunal (TAT) sitting in Lagos issued the order following an application to it by the counsel to FIRS. TAT led by its Chairman, A.B. Ahmed, issued the order following the application.

The FIRS Counsel made the application under Order XI of the TAT Procedure Rules 2010 which enables a party to make an application at any stage of the proceedings.

Counsel for FIRS drew the attention of the Tribunal to Paragraph 15(7) of the Fifth Schedule to the Federal Inland Revenue Service (Establishment) Act 2007 and urge the tribunal to direct Multichoice to deposit with the FIRS 50 per cent of the amount of the assessment under appeal as security. It is a requirement for any taxpayer who disputes their tax assessments, to make the statutory deposit required under Paragraph 15(7) of the Fifth Schedule to the Federal Inland Revenue Service (Establishment) Act 2007 (FIRS Act).

Director, Communications and Liaison Department, FIRS, Dr. Abdullahi Ismaila Ahmad issued a statement on Wednesday after the court’s decision. He said these relevant laws are conditions that must be fulfilled before the prosecution of the appeal brought before TAT.

“In certain defined circumstances to which the Multichoice appeal fits, paragraph 15(7) of the fifth schedule to the FIRS (Establishment) Act 2007 requires persons or companies seeking to contest a tax assessment to pay all or a stipulated percentage of the tax assessed before they can be allowed to argue their appeal contesting the assessment at TAT.

“Multichoice Nigeria Limited filed the matter at the Lagos TAT following its dispute over FIRS’ issuance of Notices of Assessment and Demand Note in the sum of N1,822,923,909,313.94k on 7 April 2021.

“The amount constitutes what the FIRS calculated as due in taxation to the Federal Government of Nigeria from Multichoice after an investigation over several months to determine the extent to which Multichoice has been evading taxes in Nigeria,” he explained.

Multichoice had filed the matter at the Lagos TAT following its dispute over FIRS’ issuance of Notices of Assessment and Demand Note in the sum of N1.82 trillion on 7 April 7, 2021.

The amount constitutes what the FIRS calculated as due in taxation to the federal government from the company after an investigation over several months to determine the extent to which Multichoice had been evading taxes in Nigeria.

Mr Ahmad noted that at Tuesday’s hearing of the matter in Appeal, Multichoice Nigeria Limited amended its Notice of Appeal and thereafter sought through its Counsel, Bidemi Olumide of AO2 Law Firm, for an adjournment of the proceedings to enable it to respond to the FIRS’ formal application for accelerated hearing of the appeal.

“In response, the FIRS Counsel asked TAT to issue an order requiring that Multichoice makes the statutory deposit of 50 per cent of the disputed sum.

“The counsel also prayed TAT to direct Multichoice to produce before the Tribunal the integrated Annual Report and Management Account Statements of Multichoice Group Ltd for Tax Years 2012 to 2020, among other prayers,” he explained.

After hearing arguments from both sides, TAT upheld the FIRS submission and directed Multichoice to deposit with the FIRS an amount equal to 50 percent of the Assessment under the Appeal plus a sum equal to 10 percent of the said deposit as a condition precedent for further hearing of the appeal.

The appeal was adjourned to September 23, 2021 for report of compliance with its order and continuation of the hearing, subject to compliance with the tribunal’s order.

The legal tussle is one of the biggest tax cases Nigeria has ever recorded, and it shows how serious the government is taking tax evasion especially by multinationals. In the face of dwindling oil revenue, the Nigerian government has seen taxation as alternate means of revenue generation and has upped its assessment pattern. Multichoice, which has other cases such as the push for it to implement a pay-per-view pricing model, to settle with the government, will face existential crisis in Nigeria if it loses this case.

Nigerian 277 Higher Institutions as a Single Institution in Global Ranking

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It is not a surprise that national, regional and global private organisations release ranking reports about higher educational institutions every year. It is a tradition that has been nurtured and cherished by stakeholders in the education industry over the years. In Nigeria, mixed reactions usually trailed the release of the reports. For instance, people always discuss the place of the Nigerian universities in relation with others in Africa, especially South African universities that were ranked ahead of first and second generation universities.

This piece is not out to explicate the outcomes of the discourse. It aims at bringing surprising insights about the recently released rankings of 277 higher institutions in Nigeria. In its analysis of Higher Education Institutions, Webometrics considered 170 southern and 107 northern based HEIs. Examination of the ranking shows that University of Ibadan and Covenant University occupy first and second position respectively in Nigeria. Our analyst notes that having these universities in the top 10 spot is not surprising because they have maintained the top 10 spot over the years.

Webometrics uses impact, openness and excellence as core indicators for positioning each institution. According to the organisation, impact signifies the number of external networks (subnets) linking to the institution’s webpages (normalized and then the maximum value is chosen). This indicator takes 50% of the total 100%. Openness as an indicator means an examination of the academic publication performance of faculty members.

To measure this, Webometrics leverages Google Scholar profile of the faculty members with the specific reference to the number of citations from top 210 authors (excl. top 20 outliers). This indicator gulps 10% of the total expected 100%. Excellence, the third indicator, resembles openness indicator. It is, however, differed with the consideration of “Top cited papers; number of papers amongst the top 10% most cited in each one of the disciplines in an institution.” Publications of institutions between 2015 and 2019 were considered and the indicator is allotted 40% of the expected 100%.

Beyond having University of Ibadan and Covenant University among the universities that ranked well nationally and globally, our analyst carried out a composite analysis of 277 higher institutions with the intent of knowing which spot they could occupy if they are an institution. Analysis shows that 170 Southern institutions considered in the ranking only occupy 15451 [on average] while the Northern institutions occupy 16870. In all the three indicators, institutions in the southern region are better than those situated in the northern region. The difference in the average position occupies by the regions is significant only within the impact indicator, suggesting that institutions in the two regions are not better in openness and excellence indicators.

These insights call for urgent policy and managerial actions from the institutions’ administrators and academics. Administrators need to work out actionable plans towards making their institutions and faculty members more visible. This is imperative, particularly in the use of Google Scholar and the web presence of the institutions.

Exhibit 1: Average Position of Nigerian Higher Institutions by Region in the World

Source: Webometrics, 2021; Infoprations Analysis, 2021

When Nigerian Doctors Go Arabia

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My response to this post and video.

It is indeed very painful how Nigeria has commoditized doctors. These are special high priests who do scientific miracles. But here, no one cares. Because I left like them, I am not even sure I have the moral fibre to comment. Nigeria has latent promises but every generation continues to wait for the reality.

I was invited to speak in the African Union Congress a few years ago. After my presentation in Kenya, a man came to me and introduced his name … a “southern African” native name. Later, he came to me, saying “nwanne, kedu”. I shouted; he was a Nigerian who had taken one amazing name from southern Africa working as a director in their central bank!

Who can lead this nation where everyone is a victim?

 

Understanding The Jumia Playbook

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The easiest person to bill (Nigerian slang for unnecessary demand for money from a person as though you gave them the money) is a person you have a clear picture of how much he/she earns. The easiest company to analyze is the business that has most of its financials in the public domain.

As one of the poster boys of African entrepreneurship, Jumia due to its public nature, is one of the easiest technology company operating out of Africa to analyze.

There are many reasons I should want Jumia as a business to succeed; one is that I do not short the stock – Jumia stock has been down 71% since its February 2021 high of $65.51. In other words, if I had shorted N700,000 worth of Jumia stock in February, I would have about N497,000 in profits by now (I should probably have shorted the stock). Secondly excluding Paystack’s US$200 million buyout by stripe, and Flutterwave’s recent US$170 million series C, the major business representing Africa on the NYSE (Biggest Stock Market on the planet) is Jumia. Think of it this way – if the New York Stock Exchange was a parliamentary building, Jumia would be the senator representing West Africa (and probably the whole of Africa), If Jumia is the constituency representing the whole of Africa on the NYSE, that constituency may not necessarily be doing too well.

STORY STOCKS AND NARRATIVES

Jumia is a story stock, a very good one as at that. A lot of people call Jumia the Amazon of Africa, I personally think that’s a wrong description, a much clearer description for Jumia would be the Tesla of Africa.

Jumia and Tesla are very similar in design – they are both built around narratives; Tesla’s mission is to accelerate the world’s transition to sustainable energy and all of that. Jumia is the second chance for investors who were either too young when Amazon was founded or weren’t bold enough to risk a couple of thousand dollars on a bald-headed 30-year-old Princeton Graduate (Jeff Bezos) who somewhat believed he could change the world. Tesla makes 9.5 million fewer cars than Toyota, was only profitable last quarter because of Emission credit sales (ZEV) and Bitcoin profits, and is now facing stiff competition from brands like Mercedes Benz, BMW, Porsche, Rivian, and a host of other car manufacturers who are aggressively pushing into the EV (Electric Vehicle) space – but that doesn’t matter, The Markets think otherwise, and otherwise means that Tesla at 509,000 cars per year is worth more than Mercedes Benz, BMW, Volkswagen, GM and Ford combined.

Jumia on the other hand is very similar – Jumia is deeply unprofitable (worse now since they decided to switch strategy), has been bleeding GMV for the past couple of quarters, and is facing intense competition from an adversary they know very little about (getting to this). Jumia’s narrative is still strong – the Amazon of Africa, building eCommerce for the next 1 billion and all of that, but if Jumia is to take its position as the herald of African entrepreneurship, it may need to take a very different stance.

CENTRALIZED AND DECENTRALIZED ECOMMERCE

There are broadly two kinds of eCommerce; Centralized and Decentralized eCommerce. In centralized eCommerce, one player owns the core platform where business is being transacted and will usually keep some kind of fee or cut from transactions occurring on its platform. When you think of Centralized Ecommerce, you think Jumia, Amazon, Mercado Libre, etc. In Decentralized eCommerce, no one player (technically) owns the platform, and transactions are occurring by different players through different platforms and through different means.

According to Statista, eCommerce in Nigeria is expected to see 11.78% growth between 2021 and 2025. Jumia is not growing at that rate, that growth rate is primarily in the decentralized eCommerce market, and that is the biggest threat to Jumia’s business.

To get a clear picture of what goes on in the decentralized market, Gokada announced it had done over a US$100million in annualized transaction value as of June 2021, to be clear, amidst the troves of 5 bike Logistic companies and the likes scattered around Lagos (If you drive around Computer village and Lagos island you would probably get this), Gokada, although a formidable player may not necessarily even be the largest market player.

A lot of money is moving around – from my dearly beloved Chicken Republic pushing orders to buyers, to your Whatsapp contacts that have turned Whatsapp status’ into Balogun Market, to even those buying hair, watches, and wears via Instagram. The big problem is that Jumia is not capturing a huge part of that value, so while Jumia probably taught most players how to party (introduced the scaled eCommerce approach), they were not invited to the party.

CUSTOMER EXPERIENCE AND CENTRALIZED COMMERCE

There’s a reason Amazon is laser-focused on consistently creating the best customer experience for their users at all times; the core value proposition of Centralized eCommerce is trust and quality – trust that while the guy selling to you on Whatsapp can literally take your money, run away and block you (this happens) – neither Jumia nor Amazon will do this, and quality that while any seller on Whatsapp can overcharge me for a product that is below standard, neither Amazon nor Jumia MAY do this. The issue is that while Amazon has focused laser hard on both making sure that those two factors are in place and having strong customer care fall back plans the times they aren’t, for some reason Jumia hasn’t been able to consistently deliver on this and this has affected their brand equity and their true value proposition as a centralized eCommerce Platform.

Anyone who has tasted corn flakes may not be in a hurry to soak Garri (I should probably patent that) – also anyone who has tasted the ease and simplicity eCommerce brings may not be in a hurry to push that experience away. If Jumia as a centralized platform cannot satisfy the need, nothing really stops people from adopting decentralized platforms regardless of the risk. According to Statista, more than 34% of all eCommerce transactions are in the fashion eCommerce space – that amounts to more than US$2 billion in annual transaction value – all those transactions aren’t occurring on Jumia’s platform.

The Decentralized eCommerce market led by Whatsapp and Instagram sellers as against popular perception is not a pay-on-delivery market. While instances of scams and the likes may not be rare, this market isn’t really a pay on delivery market – users make transfer payments and trust sellers to deliver goods at the time appointed, people even tie up their money for weeks to preorder for goods that are being imported from China and the likes.

So while data and on paper claims of a growing eCommerce market are rife, Jumia may not necessarily be automatically capturing that growth.

JUMIAPAY

The two most dangerous things to do in 2021 are the Milk Crate Challenge (no joke, you should get health insurance before you get in on this) and starting a mobile payment application (a mobile app whose core value proposition is paying bills and P2P transfers). Among the plethora of payment options out there, competition in this space is extremely fierce – bank applications have the advantage of being native, Remita is one of the best mobile payments solutions on the app store (shameless plug), Quickteller has first-mover advantage, Barter has a (force you to adopt) strategy, and OPay is now eating SoftBank money.

While JumiaPay has the core advantage of a strong eCommerce double play to draw adoption to the app – evidenced by the more than 1 million downloads on the Google Play store, the truth is downloading an application, and regular adoption are two different things. The first can be hyped, the second is based on true fundamentals.

To be clear, I don’t think JumiaPay is a bad app (any app that gives you the exclusive right to buy an iPhone 12 for N5,000 cannot be a bad app), I do however doubt its ability to retain users considering that some of these users have their personal bank apps, Remita’s mobile app (second shameless plug), OPay or other options. They could log in for the promo’s and all, but regular adoption and being able to displace them from the mobile payment solutions they frequently use may not be as easy as it seems.

OPERATING SYSTEM STRATEGY

As a player in the technology space, you can either be a product on the market, or the platform all the other products are building on. Products make more money per sale, but Platforms make way more sales than products.

One of your core positioning strategies as a business should be to find a way to position yourself as a platform provider rather than just a product player. Spotify will forever be angry that Apple collects a 15% TAX for subscriptions acquired through the App Store. This however changes nothing, businesses are not built on emotions or sentiments, so Spotify can be angry all they want, as long as Apple continues to own the App Store platform, they will continue to pay taxes to Cupertino.

In my opinion, Jumia has the unique opportunity to position itself as the operating system for Logistics in not just Nigeria, but Africa at large. Jumia already has a strong logistics network, strengthening and reinvesting in that network could help it capture more value in that space and position it as a market leader in the logistics space.

While Lagos is filled with Dispatch riders, the market may still be a relatively ripe one to take, considering the fragmentation of the market and the obvious lack of quality among several dispatch service providers, especially the smaller ones.

Another core opportunity for Jumia is the lack of a proper interstate delivery system. People in decentralized eCommerce may already have solutions for intrastate delivery, but sending goods to other states is usually not cost-effective or convenient. Jumia already has a nationwide logistics network it can ride on to simplify the logistics process for players. The reasoning here is that if you can use a solution from Jumia to push logistics into other states in a simple and efficient manner, then why not use them for intrastate delivery – and while you’re at it, you could refer a friend.

Go To Market Strategy

BUY GOKADA: Jumia presently has about US$700 million in net cash reserves, Gokada’s last venture raise was a US$5.3million raise in 2019 (when it was still in ride-hailing). If we imagine that represented a 10% stake and add a couple tens of millions to the top of the stack, Gokada should probably be worth around US$70 – 80 million. Buying Gokada is buying an already profitable company with a nice brand identity, great technology, and experienced hands that probably won’t bleed you to death.

Buying a US$70 million company definitely needs more than just five lines of analysis to conclude on, I however feel that that market approach may just be a step in the right direction to position Jumia as a market leader in both the intrastate and interstate logistics space.

CONCLUSION

Jumia is a great business; repositioning its plan to focus primarily on becoming the operating system for logistics In Nigeria and in Africa is a strategy I think will not only go down well with its investors but will give the business a much more realistic path to profitability.

Inspired By The Holy Spirit

Welcome Nairagram team to Tekedia Mini-MBA

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Tekedia Institute is excited to welcome US-based Nairagram team to Tekedia Mini-MBA which begins Sept 13. Nairagram is an instant payment gateway exclusively dedicated to servicing the Nigerian community: “When you need to transfer funds to residents or businesses located in Nigeria, few competitors are able to offer the same kind of caring service we easily provide.” We look forward to co-learn with these innovators.

Welcome to our Institute; registration continues for the next edition.