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ERA OF RIGHT TAX REVENUE UTILISATION IN AFRICA BECKONS By Kelechi Okoronkwo

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Success thrills: The Executive Chairman of FIRS, Muhammad Nami, takes his message of rethinking utilisation of tax revenue to ATAF General Assembly.

A major takeaway from the just concluded Seventh General Assembly of the African Tax Administration Forum (ATAF) which held in Lagos, Nigeria, from October 31 to November 4, 2022 is that tax money must be put into good use if more tax revenue is to be generated. Heads of tax agencies from 42 African countries and more than 500 other participants, comprising of 380 registered participants who attended physically, 100 registered participants who participated virtually and about 65 participants who were members of dignitaries’ entourage, were welcomed in Lagos with that simple statement of fact; and that statement reverberated in all discussions throughout the five-day continental tax engagement.

Over the years, taxmen have avoided this sore-part of tax administration. In most tax jurisdictions in Africa, the constitutional responsibility of taxmen ends with the generation or collection of tax revenue. The utilisation of the revenue is left for the government to decide. As a result, taxmen did not even attempt to remind the government of the social contract between the taxpayer and the government.

The subsisting social contract is that while taxation represents a compulsory transfer of wealth from private citizens to the state, it is publicly desirable only if tax revenue is consistently translated in improvements in publicly provided goods and services, and broader improvements in the quality of governance. In other words, while it is the obligation of the citizens to pay taxes to the government, it is the responsibility of the government to utilise the taxrevenue properly to provide the citizens with needed services and infrastructure.

Taxmen literally endured confrontations by taxpayers who always demanded evidence of tax revenue utilisation. Reports from field show that taxmen often faced stiff resistance from taxpayers during tax compliance drives. As a result, tax administrators lose revenues; and in some cases, get humiliated or even manhandled by angry taxpayers who demanded value for money paid as taxes.  The outcome statement of the Chartered Institute of Taxation of Nigeria (CITN) in its collaborative meeting with the Kwara State University (KWASU) in August 2022 noted that the major cause of low tax compliance in Nigeria was ‘Trust Deficit’ of the taxpayer for the government. A taxman, during the ATAF conference, shared his experience during a tax drive in one market his country’s capital city. The moment the traders identified the group of taxmen who were on tax drive to some offices in the market, the traders mobilised and chased the taxmen out of the market, saying that the government neither constructed access road to the market nor provided power supply to the market after many years of mobilising revenue from the market.

Hand-in-hand to foster right tax revenue utilisation in Africa: L-R: Chairman ATAF and Commissioner General, Togo Revenue Authority, Philippe KokouTchodie, Executive Chairman of FIRS, Muhammad Nami and the Executive Secretary of ATAF, Logan Wort at the unwinding of ATAF 7th General Assembly, in Lagos, Nigeria.

In Nigeria, the Executive Chairman of the Federal Inland Revenue Service (FIRS) has been championing calls for public office holders to ensure right utilisation of the taxpayers’ money. Nami had observed that taxmen in Nigeria faced resistance from taxpayers because Government at various levels are not doing enough to produce evidence of good use of the taxpayers money. He then started open campaign for judicious and effective deployment of tax revenue. Nami took the call to the ATAF General Assembly in Lagos. In his welcome remarks, Nami urged heads of tax administrations in Africa never to shy away from highlighting the strong nexus between improved tax revenue collection and improved utilisation of the tax revenue. In Nigeria for instance, while available records show that the government at some levels, is making effort to provide the taxpayers with basic social amenities, it is also true that theculture of right tax utilisation needs to permeate the system such that it becomes anathema for any public office holder to divert or misuse the taxpayers’ money. This is the central theme of Nami’s effervescent messages on tax revenue utilisation.

Interestingly, the theme of the ATAF conference was Rethinking Revenue Strategies: The Human Face of Taxation”. Nami seized the opportunity to further escalate his thoughts to his colleagues, that giving a human face to taxation involves making the tax money work for the taxpayers, insisting that governments across Africa must begin to rethink governance, engender public confidence and trust in government by providing value for taxpayers’ money in line with the responsibilities of governments under the social contract they have with citizens. He added that it was imperative for African tax administrators to mobilise and speak with one voice as a regional bloc on global tax issues for their collective interests.

“The fiscal social contract which hinges on the willingness of the citizens to pay tax in return for the provision of public service, is a clarion call on the government at all levels in Africa to rethink governance.

“In my view, if we must transform the tax system and enhance revenue collection in Africa, there is theneed for the government at all levels to engender public confidence and trust in government by providing value for taxpayers’ money,” Nami said.

Nami also stated that governments should reconsider how projects are reported in the public space, with such reports communicating to convey the idea that taxpayers’ money’s is used to fund infrastructural projects. 

Also, Lagos State governor Babajide Sanwo-Olu who was represented by chairman of the Lagos State Internal Revenue Service (LIRS) Mr. HamzatAyodele Subair, in the same vein said that there was the need to give taxation a human face, by implementing projects with taxpayers’ moneys that impact the lives of the citizens. Taking Lagos state for instance, Sanwo-Olu said there can be no development without funding. And in return, the Lagos State Government has given a human face to taxation by providing the taxpayers with their basic needs.

“There is no development without funding. We have amongst others, embarked on major transformational infrastructure projects cutting across transport, health, education, agriculture, and technology amongst others.

“These major infrastructural interventions are designed to improve the quality of life of our citizens and re-engineer economic growth and development trajectory with improved productivity of our citizenry, which invariably improves our tax generating abilities. In a bid to save the human face of taxation, communication and feedback from the taxpayer are of paramount importance,” Mr. Subairnoted.

Similarly, in his remarks, the Executive Secretary of the African Tax Administration Forum, Mr. Logan Wort noted that a critical component of rethinking Domestic Revenue Mobilisation is to ensure that the government has an impact on the lives of citizens.

“While we consider strategies or frameworks within which to enhance Domestic Resource Mobilization on the continent, we must always put into perspective its primary objective—being the impact on people’s lives as reflected by ATAF’s mandate in the new decade which is to serve the higher purpose of enabling and assisting African governments to mobilize their own domestic resources through taxation in order to build states that foster economic growth and social development in the interest and wellbeing of all their citizens.

“This mandate, especially the latter part, is one we all share in various capacities across our jurisdictions, and one that must drive our Domestic Resource Mobilization objectives”, Mr Wort said.

Nami’s call for right tax revenue utilisation by African governments dominated discussions throughout the conference; and became a profound peg for rethinking taxation strategies in Africa. With the dramatic acceptance of Nami’s speech amongst the tax administrators, as evidenced by various reactions of participants in the tax conference, there is already a silver lining in the cloud; and one could be optimistic that African Governments would heed these calls for effective tax revenue utilisation; which will in turn cause upshoot in tax compliance and revenue mobilisation in Africa.

Kelechi Okoronkwo is a Media Support Staff of the Executive Chairman, FIRS.

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I Delivered $15m Agency Cash To Ex-NIMASA DG Akpobolokemi, EFCC Witness Tells Court

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A prosecution witness, Captain Ezekiel Bala-Agaba, testified in a Lagos Federal High Court on Thursday, that he personally delivered $15 million in cash to former NIMASA DG, Patrick Akpobolokemi.

The witness, Bala-Agaba, a former Executive Director of Maritime Safety, Shipping Development and Marine Operations at NIMASA, made the disclosure while testifying before Justice Ayokunle Faji of the Federal High Court in Lagos.

Captain Agaba, who appeared as the 15th prosecution witness, told the court that funds meant for pipeline surveillance were withdrawn from NIMASA’s accounts, converted into dollars, and handed over to Dr Akpobolokemi.

According to him, the money was taken to a Bureau de Change, which converted it into $15 million before the cash was delivered to the NIMASA office on Burma Road, Apapa, Lagos.

He said he subsequently took the money to the office of the then Director-General.

“The money was sent to a Bureau de Change, which later brought the dollar equivalent to our office at Burma Road, Apapa, Lagos. I asked my Personal Assistant, Ekene Nwakuche, to carry the bag and follow me to the Director-General’s office,” he told the court.

The witness explained that he collected the bag from his aide before entering the office.

“When we got to the door of the Director-General’s office, I collected the bag from him and asked him to wait outside. I then personally delivered the sum of $15 million to the Director-General.”

The witness was initially a defendant in the case but later opted to testify for the prosecution.

While being led in evidence by prosecuting counsel, Suleiman Suleiman, he explained the chain of command within NIMASA and how financial approvals were processed in the agency.

According to him, the Director-General is the overall head of the agency and issues instructions to directors, who then implement policies in line with the NIMASA Act.

He told the court that he chaired the agency’s Intelligence Committee, which was responsible for certain security-related operations.

“As chairman of the committee, I oversaw its activities and reported directly to the Director-General, Dr. Patrick Akpobolokemi,” he said.

During the proceedings, the witness was also shown a document containing a letter from Access Bank to the Economic and Financial Crimes Commission (EFCC) detailing transactions in NIMASA’s accounts between 2013 and 2015.

When asked how much money he took to the former Director-General, Agaba replied: “$15 million.”

After listening to the testimony, Justice Faji adjourned the matter until April 22 and 23 for cross-examination of the witness.

The EFCC had in December 2015 arraigned Dr. Akpobolokemi and seven others before the court on a 30-count charge bordering on conspiracy, fraudulent conversion of funds and money laundering.

Those charged alongside the former NIMASA boss include, Warredi Enisuoh, Governor Juan, Ugo Frederick, Timi Alari, as well as Alkenzo Limited and Penniel Engineering Services Limited.

They pleaded not guilty to the offences.

The anti-graft agency alleged that the defendants conspired to divert funds running into over N1.15 billion under the guise of providing security intelligence in Nigeria’s maritime domain.

According to the EFCC, the NIMASA Intelligence Committee allegedly received N1,153,000,000 between December 2013 and July 2015.

Investigations further revealed that several companies contracted to execute the intelligence operations were either unregistered or lacked the capacity to perform the services, while some were allegedly linked to the defendants.

The prosecution also alleged that the defendants nominated or owned many of the companies used to execute the contracts.

One of the charges stated that the defendants conspired to commit offences punishable under the Money Laundering (Prohibition) Act, 2012.

 

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CBN Bars Chronic Loan Defaulters from Accessing New Banking Services

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The Central Bank of Nigeria (CBN) has issued a directive to all financial institutions to immediately restrict certain banking services for large-ticket borrowers with non-performing loans (NPLs).

This move is aimed at strengthening credit discipline and protecting the stability of the Nigerian financial system following a rise in the industry’s NPL ratio to approximately 7%, exceeding the regulatory 5% threshold.

This order is specifically targeted at large-ticket obligors.

The CBN issued the directive in a circular to banks on Monday.

The latest instruction comes almost a week after the CBN asked financial institutions to stress test.

It is uncertain if the two directives are connected or what may have triggered the loan-related instruction, but the apex bank said it furthers its mandate to protect Nigeria’s financial system.

“In furtherance of its mandate to promote a sound financial system, protect depositors, and enhance prudential compliance within the banking sector, the Central Bank of Nigeria (CBN) hereby directs all banks to restrict non-performing large ticket obligors, whose activities pose systemic risk to the financial system, from accessing specified banking services,” the circular reads in part.

“Any large-ticket obligor with a non-performing facility recorded in the CRMS and/or any licensed private credit bureau shall not be granted additional credit facilities. For the purpose of this restriction, credit facilities include loans and other forms of direct credit.

“In addition, such obligors shall not be granted banking facilities or contingent liabilities such as bankers’ confirmations, letters of credit, performance bonds, or advance payment guarantees.”

 

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Makinde Only In PDP Because He’s Not Seeking Re-election – Otitoju

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Babajide Kolade-Otitoju, the Director of News at TVC News, recently stated that Oyo State Governor Seyi Makinde would likely have defected from the People’s Democratic Party (PDP) if he was still serving his first term.

Otitoju stated this on Friday on TVC’s ‘Breakfast Show’.

He described the National Convention of the Peoples Democratic Party, PDP, in Ibadan last November as a mere waste of time.

“People must show good judgment at a critical phase. What was the point of having that convention? Two courts told you not to go ahead but you went ahead.

“I may not be a fan of former Senate President Bukola Saraki but if he says something that makes sense, I will be the first to admit it. He made sense when he said let’s go for caretaker. What’s the point of not listening to him?

“Later you will be shouting that the ruling party is behind your crisis, meanwhile you are the architect of your own misfortunes. You created this problem.

“If Makinde were in his first term, he would have fled like the dancing governor because his second term would have been in danger,” Otitoju said.

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