Why We Exist: The Story of PalmGate Partners

Thank you so much for checking out our blog! Currently, we wear a few different hats: printers, publishers, computer teachers, consultants, marketers, designers, instructors, conference speakers and writers. We gather, compile, write, edit and publish matters of everyday occurrences, old and new, and observations through the roles we fulfill. We enjoy penning short stories, poetry, reflections and essays, and publishing them. We lifelong learners and will use this blog to hone our skills.

PalmGate Partners is existing to bring every member in our network to an effective service delivery in accordance with our mandate. Established in 1998, PalmGate Partners remains the best and now boasts almost half a century of experience in the printing industry. The strong team of our industry professionals produce a wide variety of books and magazines for clients across the country, in addition to vast range of commercial printed items from annual reports to stamps and labels. Put simply, we are capable of executing almost any printing requirement, and with every process executed in-house. PalmGate Partners continues to deliver excellent product quality in the fastest of turnaround times.

MISSION

The Mission of PalmGate Partners is to provide clients with the highest quality printing coupled with exceptional services and solutions that not only meet, but exceed client requirements. We also strive to develop and market print products and services that will change the face of Printing/packaging business/Industry in Nigeria using efficient and highly motivated personnel, innovative techniques that ensure reliability, customers’ satisfaction and profitability for adequate yield to all stakeholders.

The drive to ensure optimum client satisfaction is realized by offering the finest end products, customer service excellence, punctual deliveries, and competitive pricing.

VISION

PalmGate Partners’ vision is to be a world class print business marketing and management consulting company that will promote excellence, quality print production in the Nigeria Print, Packaging & Graphics Industry, as well as to continue the growth and success of the last half century while staying at the forefront of innovation, and the continued development of an environmental and socially responsible culture that encourages both employee and customer loyalty.

CORE VALUES

PalmGate Partners care about the environment and people. This is why we…

• adheres to ethical and environmental practices; fully complies with laws, regulations and other requirements; and strives to be a leader in reducing negative environmental impact

• considers environmental factors and the well-being of the community when making all commercial decisions 

• motivates employees through inclusion, development and training; and recognizes and rewards contribution and achievement

OUR TEAM

The solid reputation PalmGate Partners command in the market is thanks to the highly professional team members who are dedicated to ensuring client satisfaction, reliability and value.  Commitment to regular training and to sourcing the very best talent has been central to the continued success. 

Seamless integration across all business disciplines and departments, along with a culture of encouraging individual initiative and independent thinking help to achieve exceptional results

AFFILIATIONS

Devoted to professionalism, PalmGate Partners is a member of many organizations PalmGate Global VenturesInc.,

PalmGate Partners has close associations with other leading companies across Nigeria and West Africa.

CERTIFICATES

Efficiency and quality are at PalmGate Partners’ core and are reflected in the many standard achievements we have gained and maintained over the years. Established stamps of excellence include:

• Entrepreneurship 101 Award (2008) for quality management

• Special certificate from the P-Liberty Group for Innovation and Customer Relationship (2014 and 2015), etc. 

Nigerian Economy Under Buhari: Preparing A Safe Ground For Criminals

It was Mustapha Ogunsakin who once asked the soul-searching question in one of his write-ups: "Do You Know Lawrence Nomanyagbon Anini, Nigeria’s Most Notorious Dare Devil Armed Robber In The 80s?" Little did we know then that Mustapha was reminding us of a time like this. Casting our minds back, we will recall that that the leadership of Gen. Muhammadu Buhari back then brought untold hardship on the generality of Nigerians. His economic policies then was very harsh that people started dying of hunger. He began by changing the Nigerian currency, urged everyone to deposit their money in the banks for exchange with the new. We all did, and the banks were instructed to withold the money. At the time of payment, there were long queues in the banks. If you are lucky to get to the point of pay, they will divide your money and give you a little sum which is not worth the waiting. At a time, people started to fall down from the queues, fainting and dying. The hardship was enormous. Most people devised some ways of beating the hardship. Some took to stealing while others took other wrong ways. This is when Lawrence Anini was made and Babangida's coup that overthrew Buhari was welcomed from all the regions of nigeria. Here is a story of Anini: Lawrence Nomanyag­bon Anini, Nigeria’s most notorious armed robber, was born sometime in 1960. He terrorised the old Bendel State, especially its capital, Benin City in the 1980s. By 1986, his robbery exploits had reached such a terrible level that it became a national issue. He operated along with his lieutenant, Monday Osunbor, and others. However, one striking feature in the Anini reign of terror was police complicity. It was soon discovered that the Anini gang had insiders within the Police hierarchy George Iyamu, a Deputy Superintendent of Police, was their arrowhead.Anini, dreadfully called ‘The Law’ or ‘Ovbigbo’, was born in a village about 20 miles from Be­nin City. He migrated to Benin at an early age, learned to drive and became a skilled taxi driver within a few years. He became known in Benin motor parks as a man who could control the varied competing interests among motor park touts and operators. He later took to criminal acts in the city and soon became a driver and transporter for gangs, criminal godfathers and thieves. Soon after, he decided to create his own gang. They started out as car hijackers, bus robbers and bank thieves. Gradually, he eextended his criminal acts to other towns and cities far north and east of Benin.The complicity of the police is believed to have enhanced Anini’s reign of terror in 1986. Early that year, two members of his gang were prosecuted over an earlier under-the-table ‘agree­ment’ with the Police to destroy evidence against the gang members. The incident, and Anini’s view of Police betrayal, is believed to have spurred retaliatory actions by Anini. In August, 1986, a bank robbery linked to Anini was reported in which a police officer and others were killed. That same month, two officers on duty were shot at a barricade while trying to stop Anini’s car. During a span of three months, he was known to have killed nine police officers.In an operation in August of 1986, the Anini team struck at First Bank, Sabongida-Ora, where they carted away N2, 000. But although the amount sto­len was seen as chicken feed, they left the scene with a trail of blood. Many persons were killed. On September 6, same year, the Anini gang snatched a Peu­geot 504 car from Albert Otoe, the driver of an Assistant Inspector General of Police, Christopher Omeben. In snatching the car, they killed the driver and went to hide his corpse somewhere. It was not until three months later that the skeleton of the driver was spotted 16 kilometers away from Benin, along the Benin-Ag­bor highway. A day after this at­tack, Anini, operating in a Passat car believed to have been stolen, also effected the snatching of another Peugeot 504 car near the former FEDECO office, in Benin. Two days after,

Nigerian Economic Crisis: Another History Unfolding?

It was Mustapha Ogunsakin who asked this in one of his write-ups: Do You Know Lawrence Nomanyagbon Anini, Nigeria’s Most Notorious Dare Devil Armed Robber In The 80s? I saw sense in that question when I remembered how a notorious crminal terrorized Nigerians in the 80s. His emergence was attributed to the harsh economic policies that were experienced then. Today, the story of Nigeria's economy is tilting towards what we have back then. Let us that we will come out of it without the ugly experiences back then. Among those ugly experiences is the story of one Lawrence Anini who reigned in terror and was not easily captured. Here is his story as written by Mustapha Ogunsakin: Lawrence Nomanyag­bon Anini, Nigeria’s most notorious armed robber, was born sometime in 1960. He terrorised the old Bendel State, especially its capital, Benin City in the 1980s. By 1986, his robbery exploits had reached such a terrible level that it became a national issue. He operated along with his lieutenant, Monday Osunbor, and others. However, one striking feature in the Anini reign of terror was police complicity. It was soon discovered that the Anini gang had insiders within the Police hierarchy George Iyamu, a Deputy Superintendent of Police, was their arrowhead.Anini, dreadfully called ‘The Law’ or ‘Ovbigbo’, was born in a village about 20 miles from Be­nin City. He migrated to Benin at an early age, learned to drive and became a skilled taxi driver within a few years. He became known in Benin motor parks as a man who could control the varied competing interests among motor park touts and operators. He later took to criminal acts in the city and soon became a driver and transporter for gangs, criminal godfathers and thieves. Soon after, he decided to create his own gang. They started out as car hijackers, bus robbers and bank thieves. Gradually, he eextended his criminal acts to other towns and cities far north and east of Benin.The complicity of the police is believed to have enhanced Anini’s reign of terror in 1986. Early that year, two members of his gang were prosecuted over an earlier under-the-table ‘agree­ment’ with the Police to destroy evidence against the gang members. The incident, and Anini’s view of Police betrayal, is believed to have spurred retaliatory actions by Anini. In August, 1986, a bank robbery linked to Anini was reported in which a police officer and others were killed. That same month, two officers on duty were shot at a barricade while trying to stop Anini’s car. During a span of three months, he was known to have killed nine police officers.In an operation in August of 1986, the Anini team struck at First Bank, Sabongida-Ora, where they carted away N2, 000. But although the amount sto­len was seen as chicken feed, they left the scene with a trail of blood. Many persons were killed. On September 6, same year, the Anini gang snatched a Peu­geot 504 car from Albert Otoe, the driver of an Assistant Inspector General of Police, Christopher Omeben. In snatching the car, they killed the driver and went to hide his corpse somewhere. It was not until three months later that the skeleton of the driver was spotted 16 kilometers away from Benin, along the Benin-Ag­bor highway. A day after this at­tack, Anini, operating in a Passat car believed to have been stolen, also effected the snatching of another Peugeot 504 car near the former FEDECO office, in Benin. Two days after, Anini’s men killed two policemen in Orhio­won Local Government of the state. Still in that month, three different robbery attacks, all pointing to Anini’s involvement, took place. They include the murder of Frank Unoarumi, a former employee of the Nigerian Observer newspapers; the killing of Mrs. Remi Sobanjo, a chartered accountant, and the stealing of the Mercedes Benz car in Benin, of the Ughelli monarch, the Ovie. Before September 1986 drew to a close, Anini, now an elusive dread, struck at a gas station along Wire Road, Benin, where he stole a substantial part of the day’s sales. He shot the Station’s attendant and gleefully started spraying his booty along the road for people to pick. The height of Anini’s exploits, however, took place on October 1, 1986, the Independence Day when the state’s Commissioner of Police, Casmir Igbokwe was ambushed by the gang in Benin, followed by a hail of bullets. The police boss survived the attack with serious injuries. Earlier that day also, the Anini men had gunned down a police man with­in the city. Also, on October 21 of same year, the Anini gang terminated the life of a Benin-based medi­cal doctor, A.O Emojeve. They gunned him down along Textile Mill Road, in Benin. Not done, Anini and his gang went and robbed the Agbor branch of the African Continental Bank and carted away about N46, 000. A day after the operation, Anini, The Law, turned to a ‘Father Christmas’ as he threw wads of naira on the ground for market men and women to pick at a vil­lage near Benin. Anini’s image thus loomed larger than life, dwarfing those of Ishola Oyenusi, the king of robbers in the 1970s and Youpelle Dakuro, the army deserter who masterminded the most vicious daylight robbery in Lagos in 1978, in which two policemen were killed. Anini spear-headed a four-month reign of terror between August and December 1986. He also reportedly wrote numerous letters to media hous­es using political tones of Robin Hood to describe his criminal acts. Worried by the seeming delusiveness of Anini and his gang members, the military Presi­dent, General Ibrahim Baban­gida then ordered a massive manhunt for the kingpin and his fellow robbers. The police thus went after them; combed every part of Bendel State where they were reportedly operating and living. The whole nation was gripped with fear of the robbers and their daredevil exploits. However, Police manhunt failed to stop their activities; the more they were hunted, the more intensified their activities became. Some of the locals in the area even began to tell stories of their invincibility and for a while, it felt like they were never going to be caught. However, at the conclusion of a meeting of the Armed Forces Ruling Council in October 1986, General Babangida turned to the Inspector- General of Police, Etim Inyang, and asked, ‘My friend, where is Anini?’. At about this time, Nigerian newspapers and journals were also publish­ing various reports and editori­als on the ‘Anini Challenge’, the ‘Anini Saga’, the ‘Anini Factor’, ‘Lawrence Anini – the Man, the Myth’, ‘Anini, Jack the Ripper’, and ‘Lawrence Anini: A Robin Hood in Bendel’. The Guardian asked, emphatically, in one of its reports: ‘Will they ever find Ani­ni, “The Law”?’ His arrest Finally, it took the courage of Superintendent of Police, Kayode Uanreroro to bring the Anini reign of terror to an end. On December 3, 1986, Uanreroro caught Anini at No 26, Oyem­wosa Street, opposite Iguodala Primary School, Benin City, in company with six women. Acting on a tip-off from the locals, the policeman went straight to the house where Anini was hiding and apprehended him with very little resistance. Uanreroro led a crack 10-man team to the house, knocked on the door of the room, and Anini himself, clad in under­pants, opened the door. “Where is Anini,” the police officer quickly enquired. Dazed as he was caught off guard and having no escape route, Anini all the same tried to be smart. “Oh, Anini is under the bed in the inner room”. As he said it, he made some moves to walk past Uanreroro and his team. In the process, he shoved and head-butted the police officer but it was an exercise in futility. Uanreroro promptly reached for his gun, stepped hard on An­ini’s right toes and shot at his left ankle. Anini surged forward but the policemen took hold of him and put him in a sitting position. They then pumped more bullets into his shot leg and almost sev­ered the ankle from his entire leg. Already, anguished by the ex­cruciating pains, the policemen asked him, “Are you Anini?” And he replied, “My brother, I won’t deceive you; I won’t tell you lie, I’m Anini.” He was from there taken to the police command headquarters where the state’s Police Commissioner, Parry Osayande, was waiting. While in the police net, Anini who had poor command of English and could only communicate in pid­gin, made a whole lot of revelations. He disclosed, for instance that Osunbor, who had been arrested earlier, was his deputy, saying that Osunbor actually shot and wounded the former po­lice boss of the state, Akagbosuu Anini was shot in the leg, transferred to a military hospi­tal, and had one of his legs am­putated. When Anini’s hideout was searched, police recovered assorted charms, including the one he usually wore around his waist during “operations”. It was instructive that after Anini was captured and dispossessed of his charms, the man who terrorized a whole state and who was supposed to be fearless suddenly became remorseful, making confessions. This was against public expectation of a daredevil hood­lum who would remain defiant to the very end. Shortly after the arrest of Anini and co, the dare-devil rob­bers began to revealthe roles played by key police officers and men, in the aiding and abetting of criminals in Bendel State and the entire country. Anini particularly revealed that Iyamu, who was the most senior police offi­cer shielding the robbers, would reveal police secrets to them and then, give them logistical supports such as arms, to carry out robbery operations. He further revealed that Iyamu, after each operation, would join them in sharing the loot. It was further exposed how Iyamu planned to kill Christopher Omeben, an As­sistant Inspector-General of Po­lice in charge of Intelligence and Investigation. But Iyamu was later to be disappointed as the assailants dispatched to eliminate Omeben were only able to kill his driver, Otue, a sergeant. Iyamu, whom the robbers fondly referred to as ‘Baba’, reportedly had choice buildings in Benin City; proof of how he invested the loot he obtained from men of the underworld. Due to the amputation of his leg, Anini was confined to a wheelchair throughout his trial. Iyamu, on his part, denied ever knowing and collaborating with Anini, but Anini The Law furi­ously retorted, “You are a shameless liar!” Anini had accused him before Justice James Omo-Agege in the High Court of Justice in Benin City. Of the 10 police offi­cers Anini implicated, five were convicted. The robbery suspects, including Iyamu, were sentenced to death. But in passing his judgement, Justice Omo-Agege remarked, “Anini will forever be remembered in the history of crime in this country, but it would be of unblessed memory. Few people if ever, would give the name to their children.” Their execution took place on March 29, 1987. By Mustapha Ogunsakin

THE CHALLENGES OF DIGITAL PRINTING PRESSES

This is a continuation of this discussion in our last edition. It is key to remind us that the printing industry is a very dynamic and technology driven industry. The last decades have witnessed many discussions and apprehensions on the future of the industry with many predicting total extinction due to internet influence and advancement in information technology (ICT). The fact remains that printing as a trade, can never die. Hence this discussions on some of the challenges facing practitioners in this sector.

1. Waste management: In digital printing, pricing of products are very competitive. It is therefore pertinent to the practitioners to pay serious attention to details and develop high capacity to manage waste in terms of inputs and process. Substrates and toners are major inputs and any lackadaisical attitude on the part of the operator will attract dire consequences in terms of waste. In this business every drop of toner or waste sheet counts. The question is do you want to do a profitable business? Manage your wastage.
2. The challenges to print readiness: From one job to the next, you never know what shape flies will be in when they arrive. You don’t know how many formats are involved either. Then production information on covers tabs and finishing options for example, may be out of order or simply missing. It means that pulling together the print ready PDF file can take more time than you have, affecting scheduling, deadliness and ultimately, impacting on your bottom line. You have to get the right software from the digital press manufacturer to deliver the solution you need to make all this and more a thing of the past.
3. Reduce errors and costs: The right software will define a simple program that automates repetitive tasks. And fewer manual touch points means fewer delays. The preview screen shows everything including finishing so as files are previewed before they go to print. As a result you can avoid disruptive work arounds and redos. It is naturally follows that the faster you can create a print- ready PDF file, the less it costs. When you process jobs faster, you create room for more work. With the right software you also get functions that can be value added services, like last minute editing which can make you even more competitive.

Using the right software will help you to:

• Provide an intuitive graphical user interface and visual ticketing
• Combine scanned and digital content
• Set up the order of pages
• Assign job properties such as special instructions
• Set up chapters
• Perform simple edits such as deskew of scanned documents, logo replacement, text insertions, sizing and rotation.
• Add tabs with text and images for a professional finish
• Preview the final file to ensure it is accurate before submitting it for printing
• Enable last minute editing.

4. The challenges of efficiency:

Production print environments lose efficiency for several reasons. Job media is not
Coordinated, causing unnecessary paper changes. Jobs are submitted to the wrong printer or printers are down. High priority jobs are stuck in print quences behind regular jobs. Devices are only used part time due to lack of job scheduling and balancing. And the big one is manual tasks with repetitive operations taking too much time and producing errors.

5. Maximize your throughput

Print and production manager software solve these issues with one single point of control and management of jobs. As a result, you can transform your business into one that runs at top efficiency. You increase throughput, lower operational costs and reduce errors. All of which helps fuel profitability and opens up your capacity to offer customers even more.
The print/ production Manager Software’s advantages of digital print management across multiple devices.

• Use a web submission client to submit PDF jobs
• Create visual tickets with the WYSIWYG interface- makes it easy to set job controls and preview jobs.
• Automate job scheduling based on printer capabilities and availability- let’s you see jobs lined up according to printer resources
• Set up alerts that enable operators solve printer related issues fast
• Immediate error recovery – identifying necessary pages for reprint
• Sending email notifications on the status of their jobs.

PALMGATE GLOBAL VENTURES NOW RELOADED

PalmGate Publishers is an innovation-driven publishing company with many years’ experience in the book industry. It has carved a niche for itself to be placed in the echelon of the leading brands in Nigeria. At PalmGate, we believe in leveraging the best technology in our product development in order to provide quality contents with reasonable prices for our esteemed customers.

PalmGate has long been committed to provide an extensive range of educational books which cut through all educational levels: Pre-primary, Primary, Secondary and Tertiary classes. And this has positioned us as a key player in the industry. We are driven by the desire to help schools and other educational institutions access informative and instructional resources.

Our competencies are the result of years of striving to become our customers’ preferred choice in know-how and general publishing solutions. We have always taken pride in our professionality when it comes to customers’ satisfaction. We devote valuable time to understand and anticipate the needs of our authors, business partners, educational consultants, librarian, teachers and students, book distribution partners and other categories of users. Our ability to keep with global standards in educational and general publishing has brought us to the frontline in the knowledge industry.

INCORPORATION

PalmGate was founded in 1998 registered as a venture in the business name category of the Corporate Affair Commission (CAC). In 2010, having observed the terrain of educational development and the limited availability of quality contents in the country, PalmGate felt a need to embark on a full-fledged publishing targeted at schools and other educational institutions. The Chief Executive Officer, who is also the founder of the company, made a decision to expand the business frontier and PalmGate Printing & Publishing Co., was formed. The company was issued certificate of incorporation on the 6th of February, 2008.

Since incorporation, PalmGate has established itself as a leading brand in the tough competitive market of publishing in Nigeria. With many book depots strategically located across the country, we take pride in being on top our game.

WHAT MAKE US STAND OUT

• We make use of state-of-the-art printing technology in order to deliver quality printed resources to the satisfaction of our clients.
• Our clients are first in our priorities. We channel our expertise and our business acumen in ensuring that all our clients are satisfied. We are ranked high on Quality customer service. With our innovative client support system, we ensure that the win-win relationship with our clients is sustained.
• Our prices as well as service charges are competitive and affordable.

PUBLISH WITH US

Our authors are very important to us and we maintain a good relationship with them. We look for authors who are passionate about their writing and also have a deep understanding of the subject they want to write about. At PalmGate, we have a team of well-informed researchers and editors who are committed to support authors through the process of writing and publishing.

We offer royalties based on the net sales which are competitive with other academic publishers.

OUR SERVICES

Along with our publishing business, we provide a range of services both for corporate clients and individuals.

General Printing Service

Publishing Consultancy

Educational Consultancy

Library Supply and Development

Production of corporate gift items, e.g. calendar, diary, business card, catalogue, etc.

Computer Graphics/Designs

Website Design/Hosting and Management, etc.

CONTACT US AT:

PalmGate Publishing House,

Suites 29/30 POWA Plaza,

Yelwa Police Barrach, Bauchi State.

+2348028181829,+2348066570805

Email: palmgateventures@yahoo.com

Fear Over Nigeria's Economic Crisis

I cannot say we have reached there already, but I can attest that there is fear now over what would be the outcome of the economic crisis that has besieged Nigeria.

In the 1980s, this same thing played out and the likes of Lawrence Anini was born. Mustapha Ogunsakin gives us a graphic details of who the man was and how he became notious:

. Do You Know Lawrence Nomanyagbon Anini, Nigeria’s Most Notorious Dare Devil Armed Robber In The 80s? Lawrence Nomanyag­bon Anini, Nigeria’s most notorious armed robber, was born sometime in 1960. He terrorised the old Bendel State, especially its capital, Benin City in the 1980s. By 1986, his robbery exploits had reached such a terrible level that it became a national issue. He operated along with his lieutenant, Monday Osunbor, and others. However, one striking feature in the Anini reign of terror was police complicity. It was soon discovered that the Anini gang had insiders within the Police hierarchy George Iyamu, a Deputy Superintendent of Police, was their arrowhead.Anini, dreadfully called ‘The Law’ or ‘Ovbigbo’, was born in a village about 20 miles from Be­nin City. He migrated to Benin at an early age, learned to drive and became a skilled taxi driver within a few years. He became known in Benin motor parks as a man who could control the varied competing interests among motor park touts and operators. He later took to criminal acts in the city and soon became a driver and transporter for gangs, criminal godfathers and thieves. Soon after, he decided to create his own gang. They started out as car hijackers, bus robbers and bank thieves. Gradually, he eextended his criminal acts to other towns and cities far north and east of Benin.The complicity of the police is believed to have enhanced Anini’s reign of terror in 1986. Early that year, two members of his gang were prosecuted over an earlier under-the-table ‘agree­ment’ with the Police to destroy evidence against the gang members. The incident, and Anini’s view of Police betrayal, is believed to have spurred retaliatory actions by Anini. In August, 1986, a bank robbery linked to Anini was reported in which a police officer and others were killed. That same month, two officers on duty were shot at a barricade while trying to stop Anini’s car. During a span of three months, he was known to have killed nine police officers.In an operation in August of 1986, the Anini team struck at First Bank, Sabongida-Ora, where they carted away N2, 000. But although the amount sto­len was seen as chicken feed, they left the scene with a trail of blood. Many persons were killed. On September 6, same year, the Anini gang snatched a Peu­geot 504 car from Albert Otoe, the driver of an Assistant Inspector General of Police, Christopher Omeben. In snatching the car, they killed the driver and went to hide his corpse somewhere. It was not until three months later that the skeleton of the driver was spotted 16 kilometers away from Benin, along the Benin-Ag­bor highway. A day after this at­tack, Anini, operating in a Passat car believed to have been stolen, also effected the snatching of another Peugeot 504 car near the former FEDECO office, in Benin. Two days after, Anini’s men killed two policemen in Orhio­won Local Government of the state. Still in that month, three different robbery attacks, all pointing to Anini’s involvement, took place. They include the murder of Frank Unoarumi, a former employee of the Nigerian Observer newspapers; the killing of Mrs. Remi Sobanjo, a chartered accountant, and the stealing of the Mercedes Benz car in Benin, of the Ughelli monarch, the Ovie. Before September 1986 drew to a close, Anini, now an elusive dread, struck at a gas station along Wire Road, Benin, where he stole a substantial part of the day’s sales. He shot the Station’s attendant and gleefully started spraying his booty along the road for people to pick. The height of Anini’s exploits, however, took place on October 1, 1986, the Independence Day when the state’s Commissioner of Police, Casmir Igbokwe was ambushed by the gang in Benin, followed by a hail of bullets. The police boss survived the attack with serious injuries. Earlier that day also, the Anini men had gunned down a police man with­in the city. Also, on October 21 of same year, the Anini gang terminated the life of a Benin-based medi­cal doctor, A.O Emojeve. They gunned him down along Textile Mill Road, in Benin. Not done, Anini and his gang went and robbed the Agbor branch of the African Continental Bank and carted away about N46, 000. A day after the operation, Anini, The Law, turned to a ‘Father Christmas’ as he threw wads of naira on the ground for market men and women to pick at a vil­lage near Benin. Anini’s image thus loomed larger than life, dwarfing those of Ishola Oyenusi, the king of robbers in the 1970s and Youpelle Dakuro, the army deserter who masterminded the most vicious daylight robbery in Lagos in 1978, in which two policemen were killed. Anini spear-headed a four-month reign of terror between August and December 1986. He also reportedly wrote numerous letters to media hous­es using political tones of Robin Hood to describe his criminal acts. Worried by the seeming delusiveness of Anini and his gang members, the military Presi­dent, General Ibrahim Baban­gida then ordered a massive manhunt for the kingpin and his fellow robbers. The police thus went after them; combed every part of Bendel State where they were reportedly operating and living. The whole nation was gripped with fear of the robbers and their daredevil exploits. However, Police manhunt failed to stop their activities; the more they were hunted, the more intensified their activities became. Some of the locals in the area even began to tell stories of their invincibility and for a while, it felt like they were never going to be caught. However, at the conclusion of a meeting of the Armed Forces Ruling Council in October 1986, General Babangida turned to the Inspector- General of Police, Etim Inyang, and asked, ‘My friend, where is Anini?’. At about this time, Nigerian newspapers and journals were also publish­ing various reports and editori­als on the ‘Anini Challenge’, the ‘Anini Saga’, the ‘Anini Factor’, ‘Lawrence Anini – the Man, the Myth’, ‘Anini, Jack the Ripper’, and ‘Lawrence Anini: A Robin Hood in Bendel’. The Guardian asked, emphatically, in one of its reports: ‘Will they ever find Ani­ni, “The Law”?’ His arrest Finally, it took the courage of Superintendent of Police, Kayode Uanreroro to bring the Anini reign of terror to an end. On December 3, 1986, Uanreroro caught Anini at No 26, Oyem­wosa Street, opposite Iguodala Primary School, Benin City, in company with six women. Acting on a tip-off from the locals, the policeman went straight to the house where Anini was hiding and apprehended him with very little resistance. Uanreroro led a crack 10-man team to the house, knocked on the door of the room, and Anini himself, clad in under­pants, opened the door. “Where is Anini,” the police officer quickly enquired. Dazed as he was caught off guard and having no escape route, Anini all the same tried to be smart. “Oh, Anini is under the bed in the inner room”. As he said it, he made some moves to walk past Uanreroro and his team. In the process, he shoved and head-butted the police officer but it was an exercise in futility. Uanreroro promptly reached for his gun, stepped hard on An­ini’s right toes and shot at his left ankle. Anini surged forward but the policemen took hold of him and put him in a sitting position. They then pumped more bullets into his shot leg and almost sev­ered the ankle from his entire leg. Already, anguished by the ex­cruciating pains, the policemen asked him, “Are you Anini?” And he replied, “My brother, I won’t deceive you; I won’t tell you lie, I’m Anini.” He was from there taken to the police command headquarters where the state’s Police Commissioner, Parry Osayande, was waiting. While in the police net, Anini who had poor command of English and could only communicate in pid­gin, made a whole lot of revelations. He disclosed, for instance that Osunbor, who had been arrested earlier, was his deputy, saying that Osunbor actually shot and wounded the former po­lice boss of the state, Akagbosuu Anini was shot in the leg, transferred to a military hospi­tal, and had one of his legs am­putated. When Anini’s hideout was searched, police recovered assorted charms, including the one he usually wore around his waist during “operations”. It was instructive that after Anini was captured and dispossessed of his charms, the man who terrorized a whole state and who was supposed to be fearless suddenly became remorseful, making confessions. This was against public expectation of a daredevil hood­lum who would remain defiant to the very end. Shortly after the arrest of Anini and co, the dare-devil rob­bers began to revealthe roles played by key police officers and men, in the aiding and abetting of criminals in Bendel State and the entire country. Anini particularly revealed that Iyamu, who was the most senior police offi­cer shielding the robbers, would reveal police secrets to them and then, give them logistical supports such as arms, to carry out robbery operations. He further revealed that Iyamu, after each operation, would join them in sharing the loot. It was further exposed how Iyamu planned to kill Christopher Omeben, an As­sistant Inspector-General of Po­lice in charge of Intelligence and Investigation. But Iyamu was later to be disappointed as the assailants dispatched to eliminate Omeben were only able to kill his driver, Otue, a sergeant. Iyamu, whom the robbers fondly referred to as ‘Baba’, reportedly had choice buildings in Benin City; proof of how he invested the loot he obtained from men of the underworld. Due to the amputation of his leg, Anini was confined to a wheelchair throughout his trial. Iyamu, on his part, denied ever knowing and collaborating with Anini, but Anini The Law furi­ously retorted, “You are a shameless liar!” Anini had accused him before Justice James Omo-Agege in the High Court of Justice in Benin City. Of the 10 police offi­cers Anini implicated, five were convicted. The robbery suspects, including Iyamu, were sentenced to death. But in passing his judgement, Justice Omo-Agege remarked, “Anini will forever be remembered in the history of crime in this country, but it would be of unblessed memory. Few people if ever, would give the name to their children.” Their execution took place on March 29, 1987. By Mustapha Ogunsakin

INCORPORATING A BUSINESS ENTERPRISE: Methods of Conducting Business

Legal Framework for Business Activities
Methods of Conducting Business
  All business enterprises must be registered with the Registrar-General of the Corporate Affairs Commission (Registrar of Companies). A foreign investor wishing to set up business operation in Nigeria should take all steps necessary to obtain local incorporation of the Nigerian branch or subsidiary. Business activities may be undertaken in Nigeria as a :
(i) Private or Public limited liability company;
(ii) Unlimited liability company;
(iii) Company limited by guarantee;
(iv) Foreign Company (branch or subsidiary of foreign company)
(v) Partnership/Firm;
(vi) Sole Proprietorship;
(vii) Incorporated trustees;
(viii) Representative office;
INCORPORATING A BUSINESS ENTERPRISE: The Companies & Allied Matters Act
Legal Framework for Business Activities
The Companies and Allied Matters Act and Incorporation Procedures
The Companies and Allied Matters Act, 1990 (the Companies Act) is the principal law regulating the incorporation of businesses. The administration of the Companies Act is under-taken by the CORPORATE AFFAIRS COMMISSION (CAC) and its functions include:
(i) the regulation and supervision of the formation, incorporation, registration, management and winding up of companies.
(ii) the maintenance of a Companies Registry;
(iii) the conduct of investigation into the affairs of any company in the interest of share-holders and the public.
Minimum Share Capital and Disclosures in Memorandum of
Association
The minimum authorised share capital is N10,000 in the case of private companies or N500,000 in the case of public companies. The Memorandum of Association must state inter-alia that the subscribers “shall take amongst them a total number of shares of a value not less than 25 per cent of the authorised capital and that each subscriber shall write opposite his name the number of shares he takes.” The law permits and acknowledges the roles of attorneys and other relevant professionals in facilitating business transactions provided, of course, that this “agency arrangement is disclosed".
Membership of the Company - Prohibition of Trusts
The Companies Act prohibits “notice of any trust, express, implied or constructive” and such shall not be entered on the register of members or be receivable by the CAC.
Shares -
All categories of company shares to carry one vote. Shares with “weighted” voting right are prohibited. All shares (i.e. whether ordinary or preferential) issued by a company must carry one vote in respect of each share.
Consequently, preference shareholders are entitled to receive notices and attend all general meetings of the company and may speak and vote on any resolution before the meeting.
Disclosures To Be Published In Company Correspondence and
Business Premises
Every company is obliged to disclose on its letterhead papers used in correspondence, the following particulars:
(i) Name of the company/enterprise;
(ii) Address;
(iii) Registration/Incorporation Number;
(iv) Names of Directors and Alternate
Directors (if any)
In addition, the law requires companies/enterprises to ensure that the Certificate of Registration be displayed in conspicuous positions at their principal and branch offices.
INCORPORATING A BUSINESS ENTERPRISE: Operations of Foreign Companies in Nigeria
Legal Framework for Business Activities
Operations of Foreign Companies in Nigeria
A non-Nigerian may invest and participate in the operation of any enterprise in Nigeria. However, a foreign company wishing to set up business operations in Nigeria should take all steps necessary to obtain local incorporation of the Nigerian branch or subsidiary as a separate entity in Nigeria for that purpose. Until so incorpo-rated, the foreign company may not carry on business in Nigeria or exercise any of the powers of a registered company.
The foreign investor may incorporate a Nigerian branch or subsidiary by giving a power of attorney to a qualified solicitor in Nigeria for this purpose. The incorporation documents in this instance would disclose that the solicitor is merely acting as an “agent” of a “principal” whose name(s) should also appear in the document. The power of attorney should be designed to lapse and the appointed solicitor ceases to function upon the conclusion of all registration formalities.
The locally incorporated branch or subsidiary company must then apply to the Nigerian Investment Promotion Commission (NIPC) for Business Permit and other requisite permits and licences.
Exemption to the General Rule
Where exemption from local incorporation is desired, a foreign company may apply in accor-dance with Section 56 of the Companies Act, to the National Council of Ministers for exemption from incorporating a local subsidiary if such foreign company belongs to one of the following categories:
(a) “foreign companies invited to Nigeria by or with the approval of the Federal Government of Nigeria to execute any specified individual project;
(b) foreign companies which are in Nigeria for the execution of a specific individual loan project on behalf of a donor country or international organisation;
(c) foreign government-owned companies engaged solely in export promotion activities; and
(d) engineering consultants and technical experts engaged on any individual specialist project under contract with any of the governments in the Federation or any of their agencies or with any other body or person, where such contract has been approved by the Federal Government.”
The application for exemption from disclosing certain details about the applicant is to be made to the Secretary of the Government of the Federation (SGF). If successful, the request of the applicant is granted upon such terms and conditions as the National Council of Ministers may think fit.
Representative Offices
Foreign companies may set up representative offices in Nigeria. A representative office however, cannot engage in business or conclude contracts or open or negotiate any letters of credit. It can only serve as a promotional and liaison office, and its local operational expenses have to be inflowed from the foreign company. A representative office has to be registered with the CAC.
LABOUR, HEALTH, TRADE & ENVIRONMENTAL STANDARDS: Factories Act
Factories Act
This Nigerian law makes general and special provisions for the health, safety and welfare of persons employed in places statutorily defined as “factories” and for which a certificate of registration is required by law. It makes general provisions as to the standards of cleanliness, crowding, ventilation, lighting, drainage of floors, and sanitary conveniences: e.g. all factories must have potable water and washing facilities.
In respect of safety, there are general provisions as to the securing, fixing, usage, maintenance and storage of prime movers, transmission machinery, other machinery, unfenced machinery, dangerous liquids, automated machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, steam boilers, steam receivers containers, and air receivers. There are in addition to these, standards set for the training and supervision of inexperienced workers, safe access to any work place, prevention of fire and safety arrangements in case of fire and first aid boxes.
Also, the law provides that adequate arrangements should be made for the removal of dust or fumes from factories, provision of goggles to protect the eyes in certain processes and the prevention of eating and drinking in places where poisonous or injurious substances give rise to dust or fumes.
It is mandatory that all accidents and industrial diseases be notified to the nearest inspector of factories and be investigated; it is prohibited for the occupier of a factory to make any deductions from the wages of any employee in respect of anything to be done or provided in pursuance of the Factories Act.
Workmen's Compensation Act
The laws provide for the payment of compensation to workmen for injuries suffered in the course of their employment.
LABOUR, HEALTH, TRADE & ENVIRONMENTAL STANDARDS: National Minimum Wage
National Minimum Wage
Due to inflationary factors, further wage increases have been recommended, and minimum wage have been reviewed upward as an incentive to the workers as announced by the Federal Government during the celebration of workers day in May 2010. An employer, defined as someone employing 50 or more persons, is required to pay the minimum wage, defined as the total emolument payable to a worker.
All employers and trade unions in both the public and private sectors of the economy are permitted to make adjustments to total remuneration packages through the process of collective bargaining. The remuneration agreed requires the approval of the Federal Minister of Employment, Labour and Productivity. Approval will be given where the increases are moderate, non-inflationary and affordable. The agreed and approved remuneration will apply from the first day of the calendar month that follows such agreement. Back-dating of increments is not permitted.
LABOR, HEALTH, TRADE & ENVIRONMENTAL STANDARDS: Regulatory Bodies
Regulatory Bodies
Standards Organisation of Nigeria
The Nigerian Standards Organisation Act, 1971, established as an integral part of the Federal Ministry of Industries, the Standards Organisation of Nigeria, to carry out among other things, the following functions:-
- to designate, establish and approve standards in respect of meterology, materials, commodities, structures and processes for the certification of products in commerce and industry throughout Nigeria;
- to provide necessary measures for quality control of raw materials and products in conformity with the standards specifications;
- to compile Nigerian standards specifications;
- to ensure compliance with designated standards;
- to establish a quality assurance system including certification of factories, products and laboratories;
- to develop methods for testing of materials, supplies and equipment items purchased for use by public and private establishments;
- to undertake preparation and distribution of standards samples;
- to establish and maintain laboratories necessary for the performance of its functions.
On the payment of a nominal fee it is possible to obtain from the offices of the Standards Organisation of Nigeria the prescribed standards for a number of products.
National Agency for Food And Drug Administration and Control
NAFDAC was established in 1993 with functions to regulate and control the importation, exportation, manufacturing, advertisement, distribution, sale and use of food, drugs, cosmetics, medical devices, bottled water and chemicals.
Drugs and Related Products
No drug product, cosmetic or medical device shall be manufactured, imported, exported, advertised, sold or distributed in Nigeria unless it has been registered in accordance with the provisions of and regulations made under a 1993 Act.
Environmental Impact Regulation
Similar to what obtains in several other convention countries, environmental protection is accorded a lot of prominence in Nigeria. The Federal Environmental Protection Agency (FEPA) is charged with overall responsibility for monitoring, supervising and coordinating Environmental Impact Assessment (EIA).
A comprehensive Environmental Impact Assessment procedure for Nigeria, as well as EIA guidelines for various industrial sectors has been compiled.
LABOUR, HEALTH, TRADE & ENVIRONMENTAL STANDARDS: Trade Malpractices Decree
Trade Malpractices Decree 1992
This Law creates certain offences relating to trade malpractices and sets up a Special Trade Malpractices Investigation Panel to investigate such offences. The law provides against any person who:
- falsely labels, packages, sells, offers for sale or advertises any product so as to mislead as to its quality, character, brand, name, value, composition, merit or safety; or
- for the purpose of sale, contract or other dealing, uses or intends to use any weight, measure or number which is false or unjust; or
- sells any product by weight, measure or number and delivers to the purchaser a less weight, measure or number than is purported to be sold,
- advertises or invites subscription for any product or project which does not exist.
LABOR, HEALTH, TRADE & ENVIRONMENTAL STANDARDS: Consumer Protection Council
Consumer Protection Council
A Consumer Protection Council has been established in Nigeria with the objectives to:-
- provide speedy redress to consumer complaints through negotiations, mediation and conciliation;
- seek ways and means of removing from the market hazardous products and cause offenders to replace such products with safer and more appropriate alternatives;
- publish from time to time a list of products whose consumption and sale have been banned, withdrawn, restricted, or not approved by the Nigerian government or foreign governments;
- cause an offending company, firm, trade association or individual to protect, compensate, provide relief and safeguards to injured consumers or communities from adverse effects of technologies that are inherently harmful, violent or highly hazardous;
- organise and undertake campaigns and other forms of activities as will lead to increased public consumer awareness;
- encourage trade, industry and professional associations to develop and enforce in their various field quality standards designed to safeguard the interests of consumers;
- encourage the formation of voluntary consumer groups or associations for consumers’ well being.
In the exercise of its functions, the Council is empowered to:
- apply to court to prevent the circulation of any product which constitutes an imminent public hazard;
- compel a manufacturer to certify that all safety standards are met in their products
FOREIGN INVESTMENT REQUIREMENTS AND PROTECTIONS: Foreign Investment Requirements
Principal Laws on Foreign Investments
The principal laws regulating foreign investments are, the Nigerian Investment Promotion Commission Decree No.16 of 1995 and the Foreign Exchange (Monitoring and Miscellaneous Provisions) Decree No.17 of 1995.
Deregulation of Equity Structure in Nigeria Enterprises
Effectively, the Nigerian Enterprises promotion (Repeal) Decree No. 7 of 1995 has abolished any restrictions, in respect of the limits of foreign shareholding, in Nigeria registered/domiciled enterprises.
The only enterprises which are still exempted from free and unrestrained foreign participation are those involved in:
- Production of arms and ammunition;
- production of and dealing in narcotic drugs and psycothropic substances;
The Nigerian Investment Promotion Commission Decree No. 16, 1995 (NIPC Decree)
This decree established the Nigerian Investment Promotion Commission (NIPC) as the successor to Industrial Development Coordination Committee (IDCC)
Functions and Powers
The Nigerian Investment Promotion Commission (NIPC) is an Agency of the Federal Government with perpetual succession and a common seal which is specially established, among other things, to:
(a) co-ordinate, monitor, encourage and provide necessary assistance and guidance for the establishment and operation of enterprises in Nigeria;
(b) initiate and support measures which shall enhance the investment climate in Nigeria for both Nigerian and non-Nigerian investors;
(c) promote investments in and outside Nigeria through effective promotional means;
(d) collect, collate, analyse and disseminate information about investment oppor-tunities and sources of investment capital and advise on request, the availability, chance or suitability of partners in joint-venture projects;
(e) register and keep records of all enterprises to which the NIPC Decree legislation applies;
(f) identify specific projects and invite interested investors for participation in those projects;
(g) initiate, organise and participate in promotional activities such as exhibitions, conferences and seminars for the stimu-lation of investments;
(h) maintain liaison between investors and Ministries, government departments and agencies, institutional lenders and other authorities concerned with investments;
(i) provide and disseminate up-to-date information on incentives available to investors;
(j) assist incoming and existing investors by providing support services;
(k) evaluate the impact of the Commission in investment in Nigeria and recommend appropriate remedies and additional incentives;
(l) advise the Federal Government on policy matters, including fiscal measures designed to promote the industrialisation of Nigeria or the general development of the economy; and
(m) perform such other functions as are supple mentary or incidental to the attainment of the objectives of NIPC Decree.
Provisions Relating to Investments
Notable amongst the provisions relating to investments are the following:
- A non-Nigerian may invest and participate in the operation of any enterprise in Nigeria;
- An enterprise in which foreign partici-pation is permitted, shall after its incor-poration or registration, be registered with the NIPC.
- A foreign enterprise may buy the shares of any Nigerian enterprise in any convertible foreign currency.
A foreign investor in an approved enterprise is guaranteed unconditional transferability of funds through an authorised dealer, in freely convertible currency of:
(a) dividends or profit (net of taxes) attributable to the investment;
(b) payments in respect of loan servicing where a foreign loan has been obtained; and
(c) the remittance of proceeds (net of all taxes) and other obligations in the event of sale or liquidation of the enterprise or any interest attributable to the investment.
Priority Areas of Investment
The NIPC issues guidelines and procedures which specify priority areas of investment and prescribed incentives and benefits which are in conformity with Government policy.
Incentives For Special Investment
For the purpose of promoting identified strategic or major investment, the NIPC may in consultation with appropriate Government agencies, negotiate specific incentive packages for the promotion of investment
FOREIGN INVESTMENT REQUIREMENTS AND PROTECTIONS: Investment Protection Assurance
Investment Protection Assurance
The NIPC Decree provides that:
(a) No enterprise shall be nationalised or expropriated by any Government of the Federation; and
(b) No person who owns, whether wholly or in part, the capital of any enterprise shall be compelled by law to surrender his interest in the capital to any other persons.
There will be no acquisition of an enterprise by the Federal Government unless the acquisition is in the national interest or for a public purpose under a law which makes provision for:
(a) payment of fair and adequate compen-sation; and
(b) a right of access to the courts for the determination of the investor’s interest of right and the amount of compensation to which he is entitled.
Compensation shall be paid without undue delay, and authorisation given for its repatriation in convertible currency where applicable.
Apart from the investment guarantee assurances of the NIPC Decree, countries are welcome to execute and enter into bilateral Investment Promotion and Protection Agree-ments (IPPA) with the Nigerian government.
FOREIGN INVESTMENT REQUIREMENTS AND PROTECTIONS: Steps For Establishing New Companies
Checklist of Steps For Establishing New Companies in Nigeria with Foreign Shareholding
STAGE A
1. Establish partners/shareholders and their respective percentage shareholdings in the proposed company.
2. Establish name, initial authorised share capital and main objects of proposed company.
3. [EXCEPT in instances where the proposed company will be 100% owned by non-resident shareholders] - Prepare Joint-Venture Agreement between prospective shareholders. The Joint-Venture may specify; inter-alia, mode of subscription by parties, manner of Board Composition, mutually protective quorum for meetings, specific actions which would necessitate share-holders approval by special or other resolutions.
4. Prepare Memorandum and Articles of Association, incorporating the spirit and intents of the Joint-Venture Agreement.
5. Foreign Shareholder may grant a power of attorney to its Solicitors in Nigeria, enabling them to act as its Agents in executing incorporation and other statutory documents pending the grant of Business Permit (i.e. formal legal status for foreign branch/subsidiary operations) to the foreign shareholder.
6. Conduct a search as to the availability of the proposed company name and, if available, reserve the name with the CAC.
7. Effect payment of stamp duties, CAC filing fees and process and conclude registration of the company as a legal entity.
STAGE B
1. Obtain “Tax Clearance Certificate” for the newly registered company
2. Prepare Deeds of Sub-Lease/Assignment, as may be appropriate, to reflect firm commitment on the part of the newly registered company, to acquire business premises for its proposed operations.
STAGE C
1. Prepare and submit simultaneous applications to the NIPC (on the prescribed NIPC Application Form) for the following approvals:-
- Business Permit and Expatriate Quota;
- Pioneer Status and other incentives (where applicable)
2. The application to the NIPC should be accompanied with the following documents:-
- Copies of the duly completed NIPC Form;
- Copies of the treasury receipt for the
purchase of NIPC Form;
- Copies of the Certificate of Incorporation of the applicant company;
- Copies of the Tax Clearance Certificate of the applicant company;
- Copies of the Memorandum and Articles of Association;
- Copies of treasury receipt as evidence of payments of stamp duties on the authorised share capital of the company as at date of application;
- Copies of the Joint-Venture Agreement - UNLESS 100% foreign ownership is envisaged;
- Copies of feasibility Report and Project Implementation Programme of a company for its proposed business. It is advisable that quotations, letters of intent and other such documentations relating to industrial plant and machinery to be acquired by the company, be forwarded either as annexes or separately. In order to discourage the dissipation of administrative energy on speculative applications, the NIPC favours the applicant who has demonstrated positive intention to commence business as and when approvals are granted. Hence, the requests for evidence of acquisition of business premises and evidence of having sourced the plant and machinery to be utilised in the company’s business;
- Copies of Deed(s) of Sub-Lease/Agreement evidencing firm commitment to acquire requisite business premises for the company’s operation. By implication, the ultimate NIPC approvals do incorporate approvals of the industrial site locations indicated in the application;
- Copies of training programme or personnel policy of the company, incorporating management succession schedule for qualified Nigerians;
- Particulars of names, addresses, nationa-lities and occupations of the proposed directors of the company;
- Job title designations of expatriate quota positions required, and the academic and working experience required for the occupants of such positions. It is pertinent to note that expatriate quota on a “Permanent Until Reviewed” (PUR) status is only accorded to a Managing Director, where the non-resident shareholders own a majority of the company’s shares, and the authorised capital of the company is N5 million and above;
- Copies of information brochure on foreign shareholder (if available) as testimony of international expertise and credibility of the foreign partner in the proposed line of business.
STAGE D
1. Having obtained the requisite NIPC approvals and Business Permit Certificate, the non-resident shareholder must act with despatch to import its foreign equity holding in the company. To ensure prompt importation of the foreign equity components, the NIPC may grant Business Permit but defer approvals for Expatriate Quota and Pioneer Status and other applicable investment incentives, until evidence of capital importation is produced.
2. After obtaining Certificate of Capital Importation from the bank, the NIPC is to be notified of this fact with the supporting documentation, in order for it to resume processing of pending approvals that might have been deferred on such ground.
3. As soon as expatriate quota position are granted and the respective individuals to fill the quota positions are recruited, the company must embark on steps to obtain work permit and residency status for the expatriate employees and their accom-panying spouses and children (if any).
The Difference Between ‘BUSINESS PERMIT’ and ‘EXPATRIATE QUOTA’
Business permit, as the name connotes, is the permanent authorization for the local operation of businesses with foreign investments either as branch/subsidiary of a foreign company or otherwise.
Expatriate quota is the official permit to a company, conveying permission for the company to employ individual expatriates to specifically approved job designations, and also specifying the permissible duration of such employment. The expatriate quota forms the basis of work permits for expatriate individuals employed ( whose qualifications must fulfill the criteria established for the particular quota position). Expatriate quota positions are usually granted for 2-3 years subject to renewal, EXCEPT in cases where companies qualify for and are granted not more than one (1) “PUR” Quota ( i.e. Permanent Until
Reviewed) position.
The Current Regulation on The Appointment of Foreign Directors
The promoters of business ventures in Nigeria are free to appoint directors of their choice, either foreign or Nigerian, and the directors may be resident or non-resident. The application to the NIPC must reflect the names of the proposed Nigerian and foreign directors (with an indication of resident and non-resident directors). The Business Permit Certificate consequently issued following such application usually reflects the respective names of the proprietors of the company, as well as the directors representing each proprietor or co-proprietor.
Payments of foreign directors’ fees, are remittable in the same manner as dividends accruing to the foreign company. However, since such fees are taxed at source (5% as a withholding tax), each foreign director’s fees are remittable subject to satisfactory evidence that the taxable amounts on such fees have been paid.
Pioneer Status (Tax Holiday) Advantages to a Company
The Industrial Development (Income Tax Relief) Act, Cap. 179 Laws of Nigeria, 1990, declares a number of industries as pioneer industries. Thus, any company whose products fall within the categorised industries could be conferred with Pioneer Status.
This designation is not necessarily a reflection that a company was pioneer per se in the industry, as several companies within the same pioneer industry classification could qualify for Pioneer Status. Where the activities of a company include the production of pioneer and non-pioneer products, the tax relief available on conferment of Pioneer Status would be restricted to income derived from pioneer products only. Under the current industrial policy, conferment of Pioneer Status accords a company relief from income tax liability for a period of up to 5 years (tax-holiday status).
Finally, it should be noted that even if a company’s activities and/or products are classified within pioneer industries, the grant of Pioneer Status is not automatic. The criteria for granting Pioneer Status are related and/or based on the following considerations:-
(i) the amount of underlying capital investment in a company (N5 million and above) must be verifiable by physical inspection and supported by a report of the Industrial Inspectorate Division of the Federal Ministry of Industries, before a Pioneer Certificate is granted.
(ii) the socio-economic advantages of a company’s activities to the Nigerian economy as set out in its Feasibility Study is also an important consideration.
Without prejudice to these conditions, NIPC is empowered to confer Pioneer Status and other investment incentives, in any other deserving
circumstance as the Council of NIPC may approve.