The Nation Newspaper

Tag: procedure

  • Standard operating procedure for SMEs

    Introduction

    One of the major challenges faced by SMEs is lack of standardisation in the daily operation. Even after preparing a Business Plan as a prerequisite for Start-up, it is important to have SOPs for the core activities of the business. This will assist the business in producing products that meet up to required standards all the time.

    What is Standard Operating Procedure (SOP)?

    A Standard Operating Procedure (SOP) is a set of written instructions that document a routine activity of an organisation so as to enable employees perform their job functions effectively and efficiently. It is usually a step by step instruction prepared by manager/supervisor in charge of the operation and approved by management to facilitate consistency in the quality of the end product or service.

    Benefits of SOP

    Standardisation Operations: SOP allows for consistency in daily activities or operations of the organisation. This promotes co-ordination and communication among staff of the organisation.

    Training Material for employees: SOP helps as training material for employees especially during induction. It also enables employee to be abreast with the requirements of the work environment.

    Performance Evaluation: SOP is an important tool in evaluating the performance of an employee in the organisation. It is the SOP that will be used as a guide in the Job Description for the employee. It helps the employee to know what is expected on the job.

    Reference Document: SOP is used as a reference document especially for audit and control measures.

    How SMEs Can Prepare Their Own SOPs

    The starting point for any SME is to identify the key areas of operation or activities you want to prepare SOP for.

    Determine the objective of each SOP.

    Identify the staff that will prepare the SOP for each role or activity. SOP preparation should assigned to individuals that are familiar with the activities of the department. For organisation that can afford it, the service of an external consultant can be contracted.

    The next stage is the actual preparation of the SOP. The following minimum requirements must be covered by any SOP:

    Title of the SOP

    The Scope- Areas of work to be covered by the procedure.

    Chart of The Procedure – Step by step of the activity or role.

    Effective Date of Operation

    Periodicity of Review. How often will the SOP be reviewed for example yearly.

    Approval Page: The SOP must be approved by Senior Management. The name and signature of the approving authority must be stated.

    Distribution List: The SOP must be circulated to all staff that will use it and copy must be in file.

    Training on SOP. Staff must be trained immediately the SOP is approved.

    Conclusion:

    The introduction and usage of SOP is very important for all SMEs. In fact, corporate governance is better enhanced when SOPs are in place. It will also enhance professionalism, accountability and good standards for SMEs. All SMEs are encouraged to make it a practice to have SOPs in place and to review and update existing SOPs regularly.

    tomiomojuwa@gmail.com

  • NEPC, UN streamline export procedure

    NEPC, UN streamline export procedure

    The Federal Government and the United Nations have partnered to streamline the process for exporting goods to the global market.

    The Nigeria Export Promotion Council (NEPC) in partnership with the United Nations Centre for Trade facilitation and Electronic Business agreed to simplify national and international transaction.

    This partnership is in line with recent successes recorded in the country’s quest to ease the time spent on doing business. According to World Bank report, Nigeria recorded marginal improvement from 169 to 149 out of the 190 countries surveyed globally.

    The Executive Director/CEO Nigeria Export Promotion Council NEPC, Olusegun Awolowo said the UN/CEFACT’s goal is simple, transparent and effective processes for globsl commerce. The organisation aims to help businesses, trade and administrative organisation, from countries at all levels of development, exchange products and services effectively.

    He spoke at a National Workshop on Trade Facilitation in Abuja, stating that the UN/CEFACT focuses on simplifying national and international transactions by harmonising processes, procedures and information flows, rendering them more efficient and streamlined, with the ultimate goal of contributing to the growth of global commerce.

    He said: “Just two weeks ago, Nigeria became  107th member of the World Trade Facilitation Agreement (TFA) in Davos. Ratification of the TFA shows Nigeria’s dedication to UN/CEFACT recommendation and it is a reflection of the country’s commitment to creating an enabling environment for businesses.

    “By ratifying the TFA, Nigeria has moved closer to overcoming our cumbersome trade processes and streamlining our trade procedures. The TFA contains provision for expediting the movement, release and clearance of goods. It also sets out measures for effective cooperation between customs and other appropriate authorities on trade facilitation and customs compliance.

    “According to a 2015 WTO (World Trade Organisation) study, full implementation of TFA can reduce members trade costs by an average of 14.3 per cent with developing countries having the most to gain. Recommendation 33 establishing a single window interoperability are two more essential UN/CEFACT recommendations with which NEPC has been proud to participate.

  • ICPC endorses FHA’s anti-corruption procedure

    The Independent Corrupt Practices and Other Related Offenses Commission (ICPC) has endorsed the measures introduced by the Federal Housing Authority (FHA) to simplify its procedures meant to block leakages and eliminate corruption in its operations.

    Such measures include the establishment of a Central Land and Property Registry (CLPR), which is being upgraded to the FHA Geographic Information System (FHAGIS); creation of a project monitoring and evaluation unit, and the establishment of a one- stop shop for most of the procedures for approvals.

    The introduction of the FHAGIS appears to be well timed given that the anti-corruption commission is planning to conduct a housing audit soon. The FHAGIS, it is believed, would provide good platform to leverage on the numerous opportunities it provides.

    According to a document made available to The Nation Property, the Chairman of the Commission, Mr. Ekpo Nta, who gave the nod while receiving the FHA’s team led by its Managing Director, Prof Mohammed Al-Amin in his office, expressed delight that the FHA had become a model agency in the anti-corruption war rather than just remain like many agencies which talk about corruption but would not take steps against it. He, therefore, praised the authority for having the courage to take the necessary steps forward.

    While assuring the authority that the commission would, as soon as it receives the details of the measures, publish them on its website to demonstrate to the world that the organisation had become a leading light in the fight against corruption, Nta said he could see the total change concept playing out in the authority and praised Al-Amin for establishing the CLPR which he said would address the problems of loss or missing files and double allocations.

    The Chairman said when his commission was faced with similar problems and anomalies in the management of case files, it introduced a central registry and digitalised all files from 2001 to date.

    This process, Nta noted, may be the solution to complaints of some members of Nigerians in Diaspora Organisation (NIDO), Germany Chapter, who had complained to the ICPC of being defrauded by Nigerians at home, particularly on housing matters.

    “Those Nigerians abroad made a passionate appeal for the assistance of the ICPC to help them curb the endemic corruption in housing matters in the country,” he explained, while assuring that with the steps already taken by FHA to clean up its system, he would link the Authority with NIDO so that its members could begin to transact all their housing business through the FHA Mortgage Bank.

    Earlier in his address, Al-Amin noted that the monetisation policy adopted by the government created challenges for new staff and those whose status improved as a result of promotion now lack befitting accommodation.

    He said the FHA had designed a housing delivery model which would encourage staff, especially those in the security and law enforcement agencies to acquire land in their preferred location while the authority would assist them in developing it.

    In doing that, the FHA boss said the authority would use its special relationship with the Federal Mortgage Bank of Nigerian to help those concerned secure their contributions to the National Housing Fund (s) to finance such development.

  • Appeal Court nullifies Ebonyi council polls procedure

    •We’re heading to  Supreme Court, says Attorney-General

    The Court of Appeal sitting in Enugu has declared that the open ballot system used in the conduct of the September 28, 2013 local government elections in Ebonyi State was inconsistent with the 1999 Constitution.

    The court, in a 53-page judgement delivered at the weekend, held that Mr. Peter Nwali, the All Progressives Congress (APC) Organising Secretary, was denied the right to his privacy as stipulated in S.5 (1) and paragraph 21 (2), (3), (4) and (5) of the First Schedule to Ebonyi State Electoral (Amendment) and Related Matters Law 2010.

    The court said Nwali’s right to vote and be voted for was violated during the election because the right had not been shown to have complied with Section 45 (1) of the 1999 Constitution.

    Justice Emmanuel Akomaye Agim delivered the verdict on behalf of Justices Saidu Tanko Husaini and Misitura Omodoere Bolaji-Yusuff in a suit filed by Nwali.

    The APC chieftain, on August 28, filed a suit at the Federal High Court in Abakaliki against the Ebonyi State Independent Electoral Commission, the Speaker of the House of assembly, the Attorney-General of the State and the Resident Electoral Commissioner (REC), the Independent National Electoral Commission (INEC) and the Ebonyi State Government.

    He applied for the enforcement of his fundamental right to privacy, praying for an order of perpetual injunction restraining the defendants from using the open ballot system to conduct the local government elections.

  • Customs generates N6.4b in six months

    The Nigeria Customs Service (NCS), Zone ‘B’, generated over N6.4 billion between January and June.

    The amount represents 74.51 per cent of the total revenue target of the command.

    The Customs zonal coordinator, Assistant Comptroller-General (ACG) Ade Dosumu, said between January and June, the Zone generated N6,801,605,489.92, which is more  than N4,442,178,638.35 generated last year.

    Dosumu spoke when the Customs’ Deputy Comptroller-General in-charge of Research and Policy, Mr.  Augustine Chukwuma Nwosu, visited the zone.

    He told the visiting Customs chief that the Zone is strategic because of the vast area it covers, which has  inland container terminals, excise factories and international airports.

    The zone’s success, Dosumu said, followed the collaboration and good relationship with stakeholders; synergy with other security agencies; good relationship with the host communities; effective supervision and sensitisation of officers to avoid any form of revenue leakages.

    Added was introduction of Pre-Arrival Assessment Report, PAAR by the Controller-General, Alhaji Dikko Abdullahi.

    “Despite its highly rated performance, Zone B of Nigeria Customs Service faces enormous challenges, which include the need for additional Customs Procedure Code (CPC) in some of the Area Commands within the Zone. Zone B also lacks the needed logistics to maintain scanning sites. Moreso, due to security challenges in the Zone, the revenue generation capacity is grossly affected.

    “Mob attacks on officers at dangerous borders within the Zone remain a threat to smooth operation, coupled with incessant strikes by insurgents in most areas covered by Zone B,” he said.

    He, however, said “despite daunting constraints, officers of the Zone have not been deterred in the pursuit of their statutory responsibilities.

    He added: “The officers and men of the Zone are so determined to pursue the goals of maximum revenue collection and suppression of smuggling with commitment in line with the efforts of the Comptroller-General of Customs and his management team.”

    Also, the Area Comptroller of Kano/Jigawa Command, Abbas Umar said his Command has made significant progress between January and June this year.

    “Since I assumed duty in February, 2014, the revenue collection in the Command has been rising steadily. Our revenue target for the year 2014 is N4.2 billion. So far, the Command has generated a total of N2,520,000,000 in the last seven months.

    “In percentage terms, it means we have realised 57 per cent of our revenue target when compared to N1,191,379,068.17, which was collected last year during the same period. Therefore, there is a remarkable improvement. Our successes, therefore, can be attributed to hard-work, dedication and commitments by our officers and men of the Command.”

    Nwosu said he was impressed at the level of progress made by the zone in terms of revenue generation and anti-smuggling activities, despite mounting security and other challenges facing the officers of the zone.

    He promised to ensure that the zone continues to receive needed logistics and other support from the headquarters, and urged officers and men of the zone to shore up their effort in the revenue generation and war against smugglers.

     

  • ‘Special case procedure incompetent’

    The appeal is against the Judgment of the High Court of Lagos State, Lagos  Division delivered by A. A. Phillips J. on the 25th Day of January 2013. The Suit leading to this appeal was commenced in the High Court of Lagos State, Lagos Division by the Claimants (now Appellants) vide their writ of summons filed on 24-11-1994. The original 1st Defendant in the suit was (Pinnacle Commercial Bank Ltd) but subsequently substituted with the Liquidator (Nigerian Deposit Insurance Corporation) now 1st Respondent. The 4th Respondent herein was not part of the original defendants in the suit but subsequently applied on 13-3-1997 to be joined in the suit and was thus joined as the 5th Defendant.

    The bone of contention was all that property situated at plot 308 Younis Bashorun Street, Victoria Island, Lagos. By Tripartite Legal Mortgage made between the 1st and 3rd Appellant and the 1st Respondent dated 27th January 1993 and registered as No 64 at page 64 in volume 1945 of the Land Registry office at Lagos, the said property was mortgage as security for a credit facility granted by the 1st Respondent to the 1st Appellant. Due some difficulties in repayment of the loans as agreed, the 1st Respondent in accordance with the loan agreement, appointed a Receiver who after series of correspondences with 3rd Appellant including threats of sale if the property of the loan is not repaid eventually informed the 1st Appellant that the property has been sold for the sum of N60 million naira and that the balance due to the 1st Appellant from proceeds of sale after deduction of the amount due for payment as loan was being returned to the 1st Appellant.

    This prompted the Appellant to commence the action in the Lower Court on the 24-11-1994, claiming certain reliefs. It was followed with a motion for interlocutory injunction to restrain the 1st Respondent from selling the mortgaged property. The Defendants (now Respondents) filed their statement of defence as well as counter affidavit to oppose the application for interlocutory injunction. The said application was refused by the Lower Court and this issue of injunction was fought up to the Supreme Court for a period spanning ten years until the Supreme Court in 2004 ordered that the matter be remitted to the trial court for hearing of the substantive suit. The suit however, did not take off at the trial court until 2010. During the Pre-trial conference, the 2nd, 3rd and 5th Respondents brought an application for special case to be, considered pursuant to Order 28 Rules (1) & (2) of the High Court of Lagos State (Civil Procedure) Rules 2004. Upon the concurrence of parties and approval of the Court, written addresses were order filed and served on the issues stated in special case. The said written address were subsequently adopted and in a judgment delivered on 25-1-2013, on the special case, the Appellants’ suit as well as the 4th Respondent’s counterclaim were dismissed and the Appellants were asked to yield up possession of the property in dispute. The Appellants were aggrieved with the outcome of the special case proceedings and accordingly filed a notice of appeal at the Court of Appeal. In the Appellant’s brief of argument, five issues were formulated for determination as follows:

    (1) Whether the learned trial judge was right in granting an order for possession forthwith against the Appellants in this suit in respect of the property at Plot 108, Younis Bashorun Street Victoria Island Annex, Lagos, when same was not claimed in the application of the 2nd, 3rd and 5th Respondents.

    (2) Whether the learned trial was right in considering the written statement on oath of the claimant’s witness, Mr. Gabriel Oseke and the Documents to be relied upon at the trial in her decision on the application for special case brought by the 2nd, 3rd and 5th Respondents when trial had not commenced.

    (3) Whether the learned trial judge was right in holding that there was voluntary admission of debt by the Appellants in their amended statement of claim and the Respondents are entitled to judgment dismissing the action without taken oral evidence.

    (4) Whether the learned trial judge was right in determining this suit of the Lower Court on the special case application of the 2nd, 3rd and 5th Respondents and dismissing the suit without taking oral evidence from the parties.

    (5) Whether the learned trial judge was right in delivering judgment in the suit when it was not ripe to do so.

    In determining the appeal the Court noted that issues 2, 3, and 4 can be conveniently taken together given the fact that they all relate to the proper interpretation and application of Order 28 Rules 1 and 2 of the High Court of Lagos State (Civil Procedure) Rules 2004. The Court in interpreting the Rules stated that Rules (1) and (2) apply under two different settings. The Court stated further that while parties may by consent initiate a special case procedure by stating the questions of law arising in the case for the opinion of the judge under Rule (1); a special case procedure can also be initiated before trial proper by the judge where it appears to him that there is a question of law which could be conveniently decided in any cause or matter before any evidence is given, or any question or issue of fact is tried. In other words, the Court held that while under Rule (1), the concurrence of the parties to the suit is required at the case management conference stage for a question of law arising in their case in the form of a special case to be presented before the court for the opinion of the judge. Under Rule (2) it is the judge that will raise such questions of law in any cause or matter before it at the case management conference stage for the parties to address the court on such question of law and that this is only possible where such question of law could conveniently be decided before any evidence is given or any question or issue of fact is tried.

     

    The Court stated that the distinction between Rule (1) and Rule (2) is made clearer by Rule 3 which provides that “Every Special case agreed pursuant to Rule (1) shall be signed by the several parties or their legal practitioners and shall be filed by the claimant or other party having conduct of the proceedings.”

     

    In the instant case, the Court noted that the special case procedure was initiated at the instance of the 3rd, 4th and 6th defendants at the trial court (now 2nd, 3rd and 5th) Respondents. The Court noted a preliminary point that from the record of appeal which contains all the processes filed in the trial court as well as the proceedings recorded therein, it was nowhere shown that the parties complied with the provisions of Order 28 Rule 3 of the High Court of Lagos State (Civil Procedure) Rules 2004.

     

    The Court stated that the provision of the Order 28 Rule 3 cannot be said to have been complied with by the mere fact that the learned trial judge agreed with the issues raised by the counsel for the 2nd 3rd and 5th Respondents in their application for a special case procedure and ordered the parties to file written addresses on the issues so raised. The Court held that the approach adopted by the learned trial judge is alien to Rules 1 and (3). The Court held that failure to comply with the provision Order 28 Rule 3 is not a mere irregularity but a fundamental vice. The Court held that Rules of Court having been made pursuant to a statutory provision derives its strength therefrom and must be complied with stricto sensu that any indulgence that should be granted upon failure to comply with the Rules of court shall be limited to where the non compliance is minimal or where there is a specific provision in the Rules granting the Court the discretion to either enforce it or grant a waiver. See KALU VS ODILI (1992) 6 SCNJ 76; (1992) LPELR-1653(SC) and G.M.O. NWORAH & SONS CO. LTD VS AFAM AKPUTA (2010) 9 NWLR (PT.1200) 443; (2010) LPELR-1296(SC).

     

    The Court held that failure to comply with Order 28 Rule 3 of the High Court of Lagos State (Civil Procedure) Rules 2004 rendered the special case procedure undertaken thereto incompetent. On the whole the Court held that the appeal succeeds and it was allowed. The judgment of the High Court of Lagos State delivered on the 25th January 2013 by Hon. Justice A. A. Phillips Mrs. in suit No. LD/5318/1994 was set aside. The said suit No.LD/5318/1994 was thereby ordered to be remitted back to the Chief Judge of Lagos State for reassignment to another judge for accelerated trial on the merits.

     

    •LawPavilion Citation: (2014) LPELR-23343(CA)

    Compiled by:

    LawPavilion