Tag: SEC

  • Govt, firms raise N1.55tr in nine months

    •SEC assures investors on market integrity

    Governments and companies raised N1.55 trillion from the capital market within the first nine months of this year, an official has said.

    Governments and companies are increasingly turning to the market to raise debt and equity capital.

    Acting Director General, Securities and Exchange Commission (SEC), Dr Abdul Zubair said available data show that the capital market witnessed significant growth this year. He   reassured investors that the apex capital market regulator would continue to ensure orderly operations of the market.

    Speaking at the annual conference of the Capital Markets Correspondents Association of Nigeria (CAMCAN) in Lagos, Zubair said total issuances at the Nigerian capital market stood at N1.55 trillion by the end of third quarter ended September 2017. Equities accounted for 12 per cent or about N186 billion.

    He noted that total equities transactions rose by 78.6 per cent to N1.655 trillion between 2016 and September 2017, with foreign transactions increasing by 47.31 per cent during the period.

    Zubair pointed out that with the All Share Index (ASI) indicating average return of 47.11 per cent as at Thursday December 7, 2017, the Nigerian stock market has witnessed a remarkable recovery this year.

    “Further to the commission’s commitments to ensure market efficiency, accountability and transparency in the capital market, the Commission wishes to assure the investing public and all stakeholders of its commitment to ensuring an uninterrupted and orderly operation of the market and the regulations thereof,” Zubair said.

    According to him, the Commission is poised to continue to ensure the stability of the Nigerian capital market and maintain the high level of investor confidence observed in the market.

    He urged the investing public and the mass media to make efforts to seek clarifications where necessary as the Commission is “always available to provide clarification on any issue”.

    He outlined that the commission had launched several initiatives to support the long-term development of the capital market including dematerialisation, direct cash settlement, electronic dividend, complaints management framework, investor protection funds, compulsory corporate governance code and diversification of products through non-interest products.

    “There are a host of other measures the Commission is pursuing to develop the capital market in a bid to make the dream of making the market the most developed in Africa by 2025 a reality,” Zubair said.’

    Dematerialisation is moving from physical to digital manifestation of asset ownership. SEC had partnered with stakeholders to take all necessary steps to promote dematerialisation.  Prior to the launch of the Capital Market Master Plan championed by SEC, less than 40 per cent of share certificates were dematerialised.  This was the state of affairs by June 2015, more than 20 years since the establishment of the Central Securities Clearing System (CSCS).  A host of problems were associated with the physical forms of share certificates.  Losses of certificates and damage to them were often reported, with the attendant costs for investors and capital market operators.

    “It is heartening to note that these problems are now things of the past.  The SEC was able to achieve this by spearheading the process of digitalisation of share certificates in partnership with CSCS and Capital Market Committee (CMC).  This enabled us to develop a dematerialisation from which investors were requested to fill in and submit to CSCS through their registrars. By the second quarter of 2017, the process had paid off, with nearly all share certificates now digitalised, thus completing the process of dematerialisation and therefore overcoming the problems associated with damages to or loss of physical share certificates,” Zubair said.

    Before the advent of the direct cash settlement, investors could not receive proceeds of sale of their shares directly.  Under the previous system, when shares were sold, the proceeds were credited to the accounts of their brokers before being remitted to the investors.  The process was fraught with a number of pitfalls, such as delays in remittances, or even frauds and other forms of infractions. Many complaints were received from investors especially about delays and non-remittance of funds by brokers.   Direct cash settlement has addressed these problems.

    The e-dividend management system promotes a more efficient form of dividend payment to shareholders.  Until recently, less than 20 per cent of investors had dividends posted directly to their accounts.  But under the e-dividend, dividends are credited directly into investors’ bank accounts against the current system that relies on posting dividend warrants.

    Zubair noted that the ease of dividend payment can significantly boost retail investor confidence, curb unclaimed dividend phenomenon and encourage more Nigerians to save and invest.

    It should be recalled that from a peak of N12.6 trillion in March 2008, the stock market had suffered a setback arising from the global financial crisis, plummeting to N7.3 trillion by December 2008. Retail investors became apathetic to investment in the capital market. In order to restore their confidence, the National Investor Protection Fund (NIPF) was set and inaugurated by the SEC board.  Several investors have benefited from the fund, which enabled them to get protection.  The NIPF was incorporated in March 2012 with an endowment fund of N5 billion. The maximum amount which an investor can claim from the fund is N200,000.

    The complaint management framework recognises the roles of capital market trade groups, operators and listed companies in dispute resolutions and encourages them to establish policies on complaint management. The framework ensures that complaints are resolved within the trade groups and only unresolved complaints can be referred to the SEC.

    In order to improve corporate governance, SEC, in September 2008, inaugurated a National Committee chaired by Mr. MB Mahmoud (SAN) for the Review of the 2003 Code of Corporate Governance for Public Companies in Nigeria to address its weaknesses and to improve the mechanism for its enforceability.

     

     

    The provisions of the code have now been made mandatory for all public companies. To assess compliance with its provisions, a Scorecard was developed by the Commission and launched in 2015 with the assistance of International Finance Corporation (IFC). The essence of this initiative was to improve corporate governance practices, thereby improving attractiveness and investment in securities of companies perceived to possess high corporate governance standards.

    SEC also engaged with the Debt Management Office (DMO) in a process that led to Nigeria’s first issuance of a sovereign Sukuk in 2017. A SEC-DMO inter-agency committee worked out modalities towards achieving the milestone, with the Sukuk oversubscribed by 6.0 per cent. SEC has since also held numerous engagements with other agencies such as the Central Bank of Nigeria (CBN), National Insurance Commission ( NAICOM) and National Pension Commission (PENCOM) towards promoting and improving the acceptability of non-interest products.

     

  • Oando asks Court of Appeal to lift suspension of shares by SEC

    Oando asks Court of Appeal to lift suspension of shares by SEC

    Oando Plc has filed an application before the Court of Appeal, Lagos Division, seeking the order of the court to lift the technical suspension imposed on its shares on the floor of the Nigerian Stock Exchange (NSE) by the Securities and Exchange Commission (SEC).

    The company,  through its lawyer, Mr. Seyi Sowemimo (SAN), went before the Court of Appeal seeking the reversal of Justice Rilwan Aikawa’s ruling..

    Oando had earlier approached the Federal High Court in Lagos to challenge SEC’s suspension of its shares and an audit of its business activities by forensic experts hired by SEC.

    Though Justice Aikawa of the Federal High Court earlier granted an interim injunction restraining SEC from carrying out the audit, the same judge, in a ruling on November 23, 2017, struck out Oando’s suit, saying he had no jurisdiction to entertain it.

    The judge said the appropriate forum to ventilate the issue was the Investment and Securities Tribunal.

    But displeased with the decision, Oando, through its lawyer, Sowemimo (SAN), went before the Court of Appeal seeking to an order of the court reversing the lower court’s  ruling.

    Sowemimo had insisted that the Federal High Court rather than the IST was the appropriate forum to hear the case.

    Sowemimo argued that the judge erred in law to decline jurisdiction because “the suit touched and concerned the operation of a company incorporated under the Companies and Allied Matters Act”.

    He said: “By virtue of Section 251(i)(e) of the Constitution, the Federal High Court is empowered to entertain CAMA-related cases”.

    He is, therefore, urging the Court of Appeal to make an order “reversing the (Justice Aikawa’s) order striking out the suit and restoring the matter to the cause list of the Federal High Court for accelerated hearing”.

    At resumed proceedings yesterday, Sowemimo informed the court about the appeal and urged the trial judge to make an order “preserving the res to prevent the appeal from being rendered nugatory”.

    But counsel for SEC and the Nigerian Stock Exchange, which was joined as the second defendant, Chief Anthony Idigbe (SAN), opposed Sowemimo’s application for the preservation of res.

    Idigbe argued that the issues canvassed by Oando in its appeal “are not substantial in law.”

    He contended that it was in the best interest of investors, shareholders and members of the public that SEC placed Oando’s shares under technical suspension.

    He said the technical suspension was to prevent panic and dumping of Oando’s shares by investors and members of the public.

    Idigbe told the court that the technical suspension was temporary and was imposed to allow for an independent forensic audit of Oando’s business activities, emphasising that there was no need for Justice Aikawa to make any order preserving the res.

    This, according to him was because “the suspension of the trading of the plaintiff’s shares in the Nigerian Stock Exchange has already been completed”.

    “The forensic examination of the plaintiff’s business activities has already commenced and the parties are waiting for the report of the said investigation.

    “The temporary suspension of trading of the shares is not a punitive action against the plaintiff but a device to protect the shares of the plaintiff from further decline because of the investigation.

    “The undertaking of the forensic examination of the plaintiff by independent experts will not prevent a return to status quo if the appeal succeeds,” Idigbe added.

    Sowemimo prayed for time to file a reply to Idigbe’s counter-affidavit.

    Justice Aikawa adjourned further proceedings in the case till tomorrow.

  • SEC restates commitment to industrial harmony

    SEC restates commitment to industrial harmony

    Acting Director General of the Securities and Exchange Commission (SEC) Dr. Abdul Zubair has restated his commitment to workers welfare in order to ensure peace and harmony in the organization.

    Zubair said this when he received executive members of the Association of Senior Civil Servants of Nigeria (ASCSN) led by its Secretary General Comrade Isaac Ojemhanke in Abuja yesterday.

    Zubair expressed the readiness of the management to partner with the trade union in a bid to make the working environment peaceful and ensure that the regulator is able to carry out its responsibilities without let or hindrance.

    “We are pleased to partner with you and we are extending our hands of fellowship. We do not want confrontation; we are willing to partner with the union to fashion a way forward. We take the Union in high esteem, we are here to listen and be ready to work with you,” Zubair said.

    Speaking earlier, Ojemhanke said the union believes that the organization has to exist for there to be a trade union, hence all efforts to ensure that there is peace and harmony within organizations.

    “There must be survival of the organization; if the organization does not survive there would be no union. We are here to partner with the management, we will partner with the SEC once the management is ready to play by the rules,” Ojemhanke said.

    He commended the Acting DG for his efforts so far, especially steps taken to boost morale and improve industrial harmony in the Commission adding that the parent body would always support the management in that direction.

     

  • House to investigate alleged corruption against suspended SEC boss

    House to investigate alleged corruption against suspended SEC boss

    The House of Representatives on Tuesday resolved to probe alleged corruption in Securities and Exchange Commission (SEC), which led to suspension of its Director-General, Mr Munir Gwazo by Minister of Finance, Mrs Kemi Adeosun.

    To this end, the House asked the parties in the matter to maintain status quo, pending the outcome of the investigation.

    The resolution followed a motion under Matters of Urgent Public Importance by Rep. Diri Douye  (Bayelsa-PDP) on “need to intervene on the conflict between Minister of Finance and suspended Director-General, Securities and Exchange Commission.’’

    Moving the motion, Douye said there were allegations of interference by the Ministry of Finance in the discharge of responsibilities by SEC, particularly the Oando Forensic Audit matter which was largely responsible for Gwarzo’s suspension.

    According to him, it has also led to constitution of Administrative Panel of Inquiry and appointment of acting SEC director-general by minister of finance.

    Douye explained that the conflict had allegedly lingered for several months between Ministry of Finance and SEC but the matter of disagreement brought it into public domain.

    Read also: Why FG suspended DG SEC, 2 others over alleged corruption

    The lawmaker said “there were allegations of interference by Ministry of Finance in the discharge of responsibilities by SEC, particularly the Oando Forensic Audit matter, which was largely responsible for the DG’s suspension.

    “The intervention by the House would put the matter into proper perspective and amicable resolution of the conflict to protect the image of SEC in the interest of both local and foreign investors.’’

    He, therefore, urged the House to investigate the matter to ascertain the true situation in the commission.

    Contributing to the motion, Rep. Toby Okechukwu (Enugu-PDP) said that the rot in SEC apparently contributed to the collapse of the capital market in Nigeria.

    He said “what is happening in SEC is symptomatic of the collapse of capital market. I wouldn’t know why infractions should be swept under the carpet.

    “The Nigerian people should be told why the infractions of Oando would be swept under the carpet. Nigerians should know why the minister could not be investigated.

    “Nigerians should know why the SEC DG was suspended. A total panel of inquiry is needed in SEC,’’ he said.

    Also in his contribution, Rep. Sanni Kaita (Katsina-APC) said that the commission was too sensitive and important to be left unattended to.

    He said “SEC is very sensitive and very important to Nigeria and the international community. Should we allow the investigation to go on without knowing what happened?”.

    The motion was unanimously adopted by members when it was put to a voice vote by the Speaker, Mr Yakubu Dogara, who mandated the Committee on Capital Market and Institutions to investigate all allegations.

    The committee was asked to report findings to the House within two weeks for further legislative action.

    NAN

  • Zubair is acting SEC D-G

    The Federal Government yesterday announced the appointment of Dr. Abdul Zubair as acting Director-General, Securities and Exchange Commission (SEC).

    Mrs. Efe Ebelo of the commission’s Corporate Communications Unit said in a statement made available to the News Agency of Nigeria (NAN) in Lagos that the appointment was with immediate effect.

    The appointment followed the suspension of Mr Munir Gwarzo, the commission’s boss.

    She assured the investing public and stakeholders, both local and international, of the commission’s commitment to ensuring uninterrupted and orderly operation of the market and regulation.

    Until his appointment, Zubair was the director in charge of External Relations in the commission.

    The acting director-general is an alumnus of Ahmadu Bello University, Zaria, where he received B.Sc. Economics, MBA, M.Sc. and PhD Business Administration degrees.

    He also holds a PGD (Mathematics & Computer Science) and a PGD (Education) from other universities.

    He has over 25-year cognate experience in the financial industry and the academia.

    Mrs. Ebelo stated that the SEC would continue to ensure the stability of the Nigerian capital market and sustain the all-time high level of investors’ confidence.

  • FG suspends SEC DG, two others

    FG suspends SEC DG, two others

    The Federal Government on Wednesday suspended the Director-General of the Securities and Exchange Commission (SEC), Mounir  Gwarzo.

    A statement signed by Patricia Deworitshe, Deputy Director, Press, Ministry of Finance, said Gwarzo’s suspension is to allow for unhindered investigation of several allegations of financial impropriety against the SEC chief.

    According to the statement, the suspension is in line with the Public Service Rules (PSRs) 03405 and 03406.

    The Head of Media in SEC, Mr. Abdulsalam Naif Habu, and the Head of Legal Department, Mrs. Anastasia Omozele Braimoh, have also been suspended over alleged financial impropriety.

    The Minister of Finance, Kemi Adeosun, has set up an Administrative Panel of Inquiry (API) to investigate and determine the culpability of Gwarzo in the matter and has directed the suspended DG to immediately handover to the most senior officer at the Commission pending the conclusion of investigation.

     

     

  • Court turns down Oando, SEC, NSE’s case

    Court turns down Oando, SEC, NSE’s case

    •Directs parties to IST

    The Federal High Court (FHC) in Lagos yesterday declined jurisdiction on the case instituted by Oando Plc against capital market regulators, directing the parties to the Investment and Securities Tribunal (IST).

    The Nigerian Stock Exchange (NSE) had on Monday October 23, 2017 placed the shares of Oando on technical suspension, “thus, the shares will be available for trading but there will be no price movement while the technical suspension subsists”. The technical suspension was part of directives from the Securities and Exchange Commission (SEC), which ordered suspension of trading on the shares and forensic audit of the operations of Oando.

    Read Also: Investors strike 14 deals as Oando remains on technical suspension

    Oando obtained an interim court order on Monday October 23, 2017, restraining the NSE and any other party working on their behalf from giving effect to the directive of the SEC to implement a technical suspension of the shares of the company pending the hearing and determination of the motion for injunction and also an order restraining the SEC and any other parties claiming through or working on behalf of the Commission from conducting any forensic audit into the affairs of the company pending the hearing and determination of the motion for injunction. However, both the NSE and SEC were served with the enrolled court order on Tuesday, October 24, 2017 after the technical suspension was carried out by the NSE on Monday, October 23, 2017.

    At the court hearing yesterday on the Oando v SEC and others (FHC/L/CS/1601/17), Honourable Justice Aikawa of the Lagos Division of the Federal High Court declined jurisdiction on the matter and consequentially struck out the suit. The cost of N20,000 was awarded against the plaintiff in favour of the first defendant-SEC.

  • No sacred cow in the capital market, says SEC

    No sacred cow in the capital market, says SEC

    Nigeria’s apex capital market regulator, Securities and Exchange Commission (SEC) has reiterated its commitment to wield the big stick against any major capital market operators and companies that violate the ethics of the market or engage in activities that infringe on investors’ confidence.

    Director- General, Securities and Exchange Commission (SEC), Mr Mounir Gwarzo, said the zero tolerance of the apex capital market regulator knows no size, name or colour and all operators would be held to accounts in line with extant capital market rules.

    “Whoever you are, whatever your size is, when you cross the red line, the letter will be on you. So, I think that the message has been sent to everyone. In the past, it was only the smaller ones that have been dealt with but now we have shown example that whoever you are, it doesn’t matter to SEC, your size doesn’t matter and I think the few actions we have taken on big companies have sent a strong signal to the market,” Gwarzo said.

    Gwarzo spoke against the background of high-profile cases that led to expulsions of many hitherto leading capital market operators and the recent launch of a major investigation into the operations of a leading quoted company.

    He said the capital market remains the barometer of the economy citing the growth in the macro economy and the recovery at the Nigerian stock market.

    According to him, the positive correlation between the capital market growth and the national economy underlines the importance of the capital market to the national economic development.

    He noted that the steep reduction in capital market infractions in recent period was due to both the strict enforcement regime by SEC and the quality of human capital development by the Chartered Institute of Stockbrokers (CIS).

    As the CIS celebrates its 25th anniversary, Gwarzo praised the founding fathers of the institute and those that have dedicated themselves to sustaining the high standards of the institute.

    SEC recently indicted the Managing Director of Partnership Investment Company Plc and Partnership Securities Limited, Mr. Victor Ogiemwonyi , banning him from engaging in capital market activities and from holding directorship positions in any public company in Nigeria.  The SEC also withdrew the operating licence of the companies. Also, the commission suspended the chairman of the companies-Mr. Henry Omoragbon from engaging in capital market activities in the Nigerian capital market for a period of five years.

    Ogiemwonyi and his companies allegedly engaged in unauthorised sale of clients’ shares, failure and refusal to resolve clients’ complaints, performance of a capital market function without registration, non-compliance with the Code of Corporate Governance of the Commission, filing of false and misleading information and non-compliance with the Commission’s rules relating to assets-mix ratio.

    Ogiemwonyi was a fellow and former council member of the CIS, former council member of the Nigerian Stock Exchange (NSE), former president of the Association of Issuing Houses of Nigeria (AIHN), member of the Capital Market Masterplan Implementation Committee and member of the board of the NASD Plc.

    SEC had earlier banned Okumagba and Edozie and their companies, BGL Assets Management Limited and BGL Securities Limited from ever participating in the Nigerian capital market. Both Okumagba and Edozie were also banned for life from holding office in any public company in Nigeria. BGL Group was a leading investment company.

    The cancellation of the licences of the two companies and the life ban on Okumagba and Edozie were the highpoints of the summary of the decision of the SEC Administrative Proceedings Committee (APC) in the matter of APC/1/2015: Rivers State Ministry of Finance & 31 Others V. BGL Plc & 31 Others.

    In a circular on the final decision of the SEC APC, SEC stated that the companies and their key executives and officials breached capital market rules and engaged in acts that led to a loss of N5.77 billion to 32 innocent investors.

  • ‘SEC director’s murder’:Family queries AGF’s plan to substitute prosecutor

    ‘SEC director’s murder’:Family queries AGF’s plan to substitute prosecutor

    Why would Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) seek to change the prosecuting lawyer in a murder case simply because the defence has expressed discomfort about the way the prosecution was conducting its case?

    This forms the plank of a query raised by relatives of a deceased Director of the Security and Exchange Commission (SEC), Mrs. Louisa Amenaghawon Eni Umukoro, whose widower, Charles Eni Umukoro, is being tried for being behind her death.

    Charles, said to be an ex-Deputy Chairman of Sapele Local Government Area in Delta State, was arraigned before Justice Mary Anne Anenih of the High Court of the Federal Capital territory (FCT), Maitama in May, by the police on a one-count charge of culpable homicide, which was filed in the name of the Inspector General (IG).

    The prosecution alleged that Charles caused the death of his late wife by “hitting her on the head, which caused internal haemorrhage, with the knowledge that her death would be the probable consequence”.

    It produced an autopsy report from the National Hospital, Abuja, which disclosed that the deceased died on April 21, 2016, from “subdural haemorrhage” as a result of two bruises on both sides of her neck.

    The defendant denied the allegation by pleading not guilty, and said the injuries that led to his wife’s death resulted from “domestic accident”.

    The case had proceeded unhindered, with a private lawyer engaged by the IG, Jibrin Okutepa (SAN), prosecuting until November 7, when a lawyer, A.B. Mamman, emerged in the proceedings, claiming to be from the office of the Attorney General of the Federation (AGF).

    Mamman said he had been instructed to take over the prosecution.

    An infuriated Okutepa urged the court to disregard the information from Mamman.

    He said he was perturbed that the AGF decided to take over the case upon a petition by the defence lawyer. He said the defence failed to avail him with a copy of the petition on which the AGF acted.

    The trial judge has adjourned to December 5 to take a position.

    But the deceased’s relatives have expressed surprise at the turn of event and the role the AGF has assumed in the trial of a man accused of murdering their sister.

    Addressing a news conference in Abuja on Friday, the deceased’s senior brother, Nosa Ukponwan, an engineer, said the relatives were worried about the role of the AGF in the case. He accused the defence lawyer of being behind the scheming to frustrate the trial.

    Ukponwan, who said the complainants were comfortable with Okutepa as the prosecuting lawyer, urged the AGF not to lend his office in support of some dubious minds bent on frustrating Charles’ trial in relation to their sister’s death.

    He said: “However, we are encouraged by the person and capacity of the AGF to critically examine the facts of the case. We have no doubt that the AGF will, at the end of the day, direct that Mr. Okutepa (SAN), who is a seasoned prosecutor, proceeds with the prosecution of the matter.”

  • SEC and capital market regulations

    Laws – and regulations deriving from them – achieve their purposes if they are applied and enforced in equal measures to all in the society.  The real test of any law and every regulation, therefore, is enforceability, which is reflected in extent of compliance.

    Every country has laws and rules that govern every facet of its life. These are usually embodied in a constitution that guides its policies and govern the behaviour of the populace. One of the most important facets of modern society, which the government pays attention to, is the economy. All the moral misdemeanour of President Bill Clinton, for example were overlooked because he was implementing the right economic policies in place and was swiftly re-elected. We all can remember the famous campaign slogan of the 1990s “It’s the economy, stupid,” which was directed at his Republican opponent in his bid for re-election.

    Countries, Nigeria inclusive, establish statutory bodies, from time to time, to regulate behaviours of individuals and corporate bodies within the boundaries of their economic activities or transactions.

    In Nigeria, we have very formidable regulatory institutions that regulate our economy. They include the Central Bank of Nigeria (CBN), Nigeria Deposit Insurance Corporation (NDIC), Securities and Exchange Commission (SEC), Asset Management Corporation of Nigeria (AMCON) and Nigeria Port Authority (NPA), to mention a few. All these bodies are doing their utmost best to regulate, develop and stabilize our economy. In their efforts to regulate our economy, these institutions often court the ire of some people or corporations deluded by the feelings of being “too big to be touched” and all hell is often let loose when their interests are affected.

    Thus, it is commonplace that, in the course of carrying out their functions, regulatory agencies come in contact with all manner of people — some understanding others not. However, whatever the case may be, regulators have the stipulated rules to guide them and compliance with the rules is all that matters. People, whether in their individual capacities or as representing corporate entities, have the tendency to whip up sentiments to elicit sympathy when they find themselves in conflict with the rules. No one should be beguiled by these selfish natural tendencies of the humankind.

    More often than not, these sentiments are nothing but exaggerated and self-indulgent defences for clear failings on the part of the defaulting party. Such sentimental people often claim the chutzpah to drag regulatory bodies to courts of competent jurisdictions or even the “public court” playing on the gullible nature of the ordinary persons. Their chief weapon of choice is assassination of the characters of the heads of such regulatory institutions in the media. If the regulatory bodies are not lucky, an opposition politician may pick the news and cash in on the media hype to hit back at the entire government in power.

    Therefore, to avoid falling victims of deliberate distortion of facts, the public need to find out what are the possible reasons behind the sudden media hype about the activities of such regulatory bodies or the sudden interest in the character of their heads. More often than not, a careful investigation will lead to people having questions to answer in their interaction with such regulatory bodies are behind the negative campaigns.

    The discerning public should always be guided by the meritorious work of our regulatory institutions and judge them on that basis.

    Let us use the example of the Securities and Exchange Commission. How far has it gone in delivering on its key mandates of protecting the investor and development of the capital market? At what cost has its accomplishments been to its image?

    In 2015, the current Director General (DG) of the SEC Mounir H. Gwarzo, assumed the position at helm of affairs. He made a solemn promise to implement the Capital Market Master Plan.  Capital market stakeholders put the plan together in 2013. On assumption of office, the DG had his eyes on rejuvenating the retail end of the capital market which suffered heavy losses following the capital market crash of 2008.

    As of December 2014, Nigeria’s market capitalization stood at N16 trillion. The new DG believed that, if fully mobilized, the market capitalization of the largest economy in sub-Saharan Africa ought to be far greater than that. Today Nigeria has recorded some progress because by the second quarter of 2016, the total capitalization stood at N17.28trillion.

    One of the innovative ways of encouraging growth in the retail end of the capital market is fast tracking the dematerialization of shares (moving away from physical share certificate regime), which can be achieved through electronic transfer under the e-dividend platform. I once argued that dematerialization is an incentive to encourage retail investors come back to the capital market en masse.

    It is a known fact that the market is one predominantly dominated by equities and government bonds. This means that market capitalization and activities are concentrated in a few economic sectors (indeed, two sectors — consumer and industrial goods — make up about 75% of the equities market) and stocks (the five largest companies by market capitalization make up 56% of the equities market).

    To address this skewed situation, the DG set up a market-wide committee to engage potential companies for listing. The committee has done extensive work liaising with regulatory agencies, interest groups and companies on the imperative for listing. In addition, about three companies have been identified that will be listed this year.

    On the question of what regulations, oversight and enforcement mechanisms need strengthening, as part of the master plan, the SEC held a conference in conjunction with the National Assembly on the legal challenges facing the capital market. Immediately afterwards, it set up three law review committees to look at all the major laws, including the Investments and Securities Act (ISA), the Companies and Allied Matters Act (CAMA), Investment and Trustees Act, Warehouse Receipt Bill, etc.

    The committees have largely completed their work. Their recommendations will form the capital market’s consensus positions on the review of those laws. These recommendations promise to be a major landmark in the nation’s financial services architecture, and it will enhance the capacity of SEC to navigate through the requirements of the NASS. Significantly, the report of the committees has the buy-in of all stakeholders in the market.

    All these are pointers to the commendable efforts of SEC to develop our capital market and to take it to enviable heights.  To achieve these, the SEC must continue to put regulations first, shunning all sentiments in ensuring total compliance with the regulations by all operators in the Nigeria’s capital market.

    Globally, the norm amongst regulatory agencies is, when compliance is the matter, all sentiments are shoved aside. This should not be any different with our own apex capital market regulator, SEC.