S/No | Number/Title of Case | Case Summary | Nature of Violations |
Highlights of Decisions |
1. | APC/1/2020
SEC
Vs
1. Amyn Investments Limited 2. Hauwa Audu Macjad 3. Abbas Momoh Jega 4. Hafiz Shuaibu 5. Ohiare Anita Ayuimoh 6. Onwujiogu Godwin I. 7. Abiodun Jones Alebiowu 8. Ikhelowa Philomena |
In the discharge of its functions, the Commission received twenty-six (26) complaints from clients of the 1st Respondent alleging among other infractions, failure to resolve complaints, non-remittance of proceeds of sale, withholding of dividends and accrued interest, failure/refusal to liquidate investments.
Upon investigation of the complaints, it was discovered that the 1st Respondent conceived, marketed and operated unauthorized investment schemes called SHARE PORTFOLIO GUARANTEED INVESTMENT (SPG), AMYN YOUTH INVESTMENT CLUB (AYIC) and TRADING IN SHARES: BUY LOW – SELL HIGH (BL-SH) through which it lured its clients to authorize it to trade in their blue chip stocks with a promise of 10% guaranteed annual return on their investments as well as payment of any corporate action declared by any of the shares traded upon.
Following preliminary investigations conducted by the Commission on the complaints and the alleged violations of the SEC Rules and Regulations made pursuant thereto, the Respondents were invited before the Administrative Proceedings Committee (APC) of the Commission to explain why sanctions should not be imposed on them for violating the provisions of the ISA 2007, the SEC Rules and Regulations 2013 (as amended) and the Code of Conduct for Capital Market Operators and their Employees |
· Carrying out, promoting and marketing an unregistered investment scheme;
· Performing a Capital Market function without registration; · Non remittance of proceeds of sale of clients’ shares; · Failure/refusal to resolve clients’ complaints; · Involving in acts that are capable of adversely affecting the investing publics’ image and confidence of the Nigeria Capital Market; · Non filing of statutory returns.
|
· The 1st – 6th Respondents were directed to jointly and severally restitute the 26 investors that complained to the tune of N281,208,969.50 (including interests and accruals thereof).
· Additionally, other clients who invested in the unregistered schemes operated by the Respondents are also to be paid. · The 1st – 6th Respondents shall pay monetary penalties for violating the provisions of the ISA & Rules and Regulations made thereunder. · The 2nd – 6th Respondents were banned from participating in all capital market activities and from holding directorship positions in any public company in Nigeria for a period of ten (10) years commencing from March 25, 2021. · The 7th & 8th Respondents werebanned from participating in all capital market activities and from holding directorship positions in any public company in Nigeria for a period of three months from November 10, 2020.
· The Respondents shall be required to comply with the decision within a period of 90 days from the date the decision was made.
· In the event of failure by the 1st, 2nd, 3rd, 4th, 5th and 6th Respondents to comply with the decision, the Commission reserves the right to seek an Order of forfeiture and sale of any assets traceable to them for the purpose of enforcing the decision. |
2. | APC/2/2020
SEC Vs 1. Cashcraft Assets Management Limited 2. Cashcraft Securities Limited 3. Cashcraft Capital Limited 4. Mr. Ogunfuwa Joseph 5. Mr. Idris Adamu Idris 6. Ms. Iyasere Awhotu-Mary 7. Dr. Ireyomi Adeolu 8. Mr. Otunba O. A. Ogunfuwa 9. Mr. Anthony Ikpea 10. Mr. Abolade Agbola 11. Mr. Balogun Ayodele 12. Mr. Ukogu Clement Ikechukwu 13. Mr. Hassan Anuoluwapo Joshua 14. Mr. Gabriel Tope Olujobi 15. Mrs. Modupe Folashade Kelani 16. Mr. Solomon Adewole Felix 17. Mr. Aigbiniode Barnabas Babatunde 18. Mr. Philips OlorunsanSunday 19. Mr. Oduola Ademola Kamoru |
In the discharge of its functions, the Commission received several complaints (about 172) from investors against the 1st -3rdRespondents alleging among others, violations regarding the non-refund of principal sums and interest invested in the u registered Personal Earning Annuity Scheme (PEAS) and unauthorised sale of their shares.
Following preliminary investigations conducted by the Commission on the complaints and the alleged violations of the SEC Rules and Regulations made pursuant thereto, the Respondents were invited before the Administrative Proceedings Committee (APC) of the Commission, to explain why sanctions should not be imposed on them for violating the provisions of the ISA 2007, the SEC Rules and Regulations 2013 (as amended) and the Code of Conduct for Capital Market Operators and their Employees. |
· Performing a capital market function without registration;
· Carrying out, promoting and marketing “Personal Earning Annuity Scheme” (PEAS) which is an unregistered investment scheme; · Non-remittance of proceeds of sale of clients’ shares; · Unauthorised Sale of clients’ shares; · Failure/refusal to resolve clients’ complaints; · Involvement in acts capable of adversely affecting the image and confidence of investors in the Nigerian capital market.
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· The 2nd, 3rd, 4th – 11thRespondents were directed to jointly and severally restitute all clients/investors who complained against the 2nd and 3rd Respondents the sum of N1,056,088,911.31(in addition to payment of interest at CBN MPR +2%) and accruals thereto.
· The 2nd, 3rd, 4th – 11thRespondents were also directed to jointly and severally restitute all other clients in the list furnished by the 2nd & 3rdRespondents that invested in the unregistered scheme (PEAS) operated by 1st, 2ndand 3rd Respondents (in addition to payment of interest (at CBN MPR +2%) and accruals thereto.
· The 2nd Respondent was directed to restore the 19,800 units of ABC Transport Plc shares belonging to one ShettimaKachalla valued at N179,700.00 and that of Barrister Adetayo Adewale valued at N1,344,000.00 respectively, being shares sold by it without authorization. · The 2nd – 11th Respondents were directed to, jointly and severally, pay monetary penalties for violating the provisions of the ISA and Rules & Regulations made thereunder.
· The 2nd & 3rd Respondents were suspended indefinitely, from all capital market operations and placed a lien prohibiting the sale/assignment of the 2ndRespondent’s dealing license issued by the Nigerian Stock Exchange pending its full compliance with the decision.
· The 4th – 11th Respondents were banned from participating in all capital market activities and from holding any directorship positions in any public company in Nigeria for a period of ten (10) years commencing from March 25, 2021.
· The 12th – 17th Respondents were suspended from operating in the capital market for a period of three months commencing from November 11, 2020.
· The 18th and 19thRespondents were suspended from operating in the capital market for a period of six months commencing from November 11, 2020.
· Pursuant to the provision of Section 304 of the ISA 2007, the 1st Respondent and its Directors were referred to the appropriate criminal prosecuting authorities for investigation and possible prosecution for engaging in illegal capital market activities.
· The Respondents shall be required to comply with the decision within a period of 90 days from the date the decision was made.
· In the event of failure by the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th 10th and 11thRespondents to comply with the decision, the Commission reserved the right to seek an Order of forfeiture and sale of any assets traceable to them for the purpose of enforcing the decision. |
3. | APC/3/2020
SEC
Vs
1. Mutual Alliance Investments and Securities Limited 2. Chief A. O. Badejo 3. Otunba Thomas B. Adebayo 4. Arc. Amarachukwu Nwokeji 5. Dr. (Mrs.) Olajumoke Ibidapo 6. Mr. Bernard Ilori 7. Dr. Olakunle Ologun 8. Mr. Chidi Ajaegbu 9. Otunba Thomas Bamidele Adebayo 10. Rtd. Gen Sebastian Owuama 11. Mr. Chidi Adabanya 12. Mr. Sunday Oyekale Olusegun 13. Mr. Umoh Marshall
|
In the discharge of its functions, the Commission received 19 complaints from investors (1st Respondent’s clients) at different times, alleging amongst other infractions, unauthorized sale of shares, non-remittance of proceeds of sale of shares, withholding of dividends and other accruals/benefits.
Upon preliminary investigations conducted by the Commission on the complaints and the alleged violations of the ISA and the SEC Rules and Regulations made pursuant thereto, the Respondents were invited before the Administrative Proceedings Committee (APC) of the Commission, to explain why sanctions should not be imposed on them for violating the provisions of the ISA 2007, the SEC Rules and Regulations 2013 (as amended) and the Code of Conduct for Capital Market Operators and their Employees. |
· Unauthorized sale of clients’ shares
· Non-remittance of proceeds of sale of shares · Failure/Refusal to resolve clients’ complaints · Non filing of statutory returns · Non-compliance with the Code of Conduct for Capital Market Operators and their Employees
|
· The 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 9th & 10th Respondents were directed to jointly and severally restitute the 19 investors who had complaints against the 1stRespondent including all interest and accruals thereof due to the respective complainants.
· The 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 9th, and 10thRespondents were further directed to jointly and severally restitute any investor with subsequent complaints against the 1stRespondent in the operation of its stock broking business (including all interest and accruals thereto).
· The 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 9th, & 10th Respondents were directed to jointly and severally pay monetary penalties for violating the provisions of the ISA and Rules and Regulations made thereunder.
· The 2nd, 3rd, 4th, 5th, 6th, 7th, 9th, & 10th Respondents were banned from all capital market operations and from holding directorship positions in any public company in Nigeria for a period of ten (10) years from March 25, 2021.
· The 8th Respondent was directed to restore the 3,400 units of Nigerian Breweries Plc shares including all corporate actions thereto belonging to Mr. FasasiAbolaji which was illegally sold by the 1st Respondent on the 26th of October 2007.
· The 8th Respondent was reprimanded and warned to desist from violating the provisions of any legislation governing activities in the capital market.
· The 11th Respondent was discharged from the allegations against him.
· The 12th Respondent was suspended from operating in the capital market for a period of 3 months from March 25, 2021.
· The 13th Respondent was referred to the relevant criminal prosecuting authorities for further investigation and possible prosecution.
· The Respondents shall be required to comply with the decision within a period of 90 days from the date the decision was made.
· In the event of failure by the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th Respondents to comply with the decision, the Commission reserves the right to seek an Order of forfeiture and sale of any assets traceable to them for the purpose of enforcing the decision. |
4. | APC/4/2020
SEC
Vs
1. Quantum Securities Limited 2. Barrister Tom Awhana 3. Chief Jonathan Arausi 4. Dr. Andrews Elueni 5. Prof. Austine Obasohan 6. Chief Joseph Onoyemeakpo 7. Andrew Uwuilekhue 8. Joel Okafor 9. Philomena Omovo 10. Patrick Brownson Ikporo 11. Jimmy Okugbere 12. Cynthia Adeyemi 13. Ayodeji Solaja 14. Oladele Odusanya Philip 15. Andrew Osugo
|
In the discharge of its functions, the Commission received over 56 complaints from clients of the 1stRespondent alleging among other infractions, unauthorized sale of their shares, non-remittance of proceeds of sale/ withholding of dividends/accruals and failure to return clients’ investments in the share portfolio accounts with accrued returns on maturity.
Upon investigation of the complaints received, it was discovered that the 1st Respondent conceived, marketed, carried out and operated two unregistered investment schemes called Quantum Securities Limited High Yield Cash Deposit Note (QSLHYCDN) and Financial Asset Deposit Account (FAD) through which it lured its clients to authorize it to trade in their blue chip stocks with a promise of 16% to 17% guaranteed annual return on their investments and a further promise to buy back the shares after maturity period, but failed to do so upon maturity.
Consequent on the above, the 1st-15th Respondents were invited to the Administrative Proceedings Committee (APC) of the Commission to show cause why sanctions should not be imposed on them for violations of the Investments & Securities Act, 2007, SEC Rules & Regulations 2013 (as amended) and Code of Conduct for Capital Market Operators and their Employees |
· Performing fund/portfolio management function without registration;
· Carrying out, promoting and marketing unregistered investment schemes (Quantum Securities Limited High Yield Cash Deposit Note (QSLHYCDN) and Financial Asset Deposit Account Scheme (FAD)); · Unauthorized sale of clients’ shares and non-remittance of proceeds of sale of shares; · Failure/refusal to resolve clients’ complaints; · Non-filing of statutory returns; · Involving in acts that are capable of adversely affecting the general investing public’s image of, and confidence in, the capital market. |
· The 1st, 2nd, 3rd, 4th, 7th, 10th & 14th Respondents were directed to jointly and severally restitute the 56 investors who have complaints against the 1stRespondent in the sum due to the respective complainants listed in the accompanying schedule herein attached totalling N352,288,076.93 (including interests at CBN’s MPR and accruals thereof).
· The 1st, 2nd, 3rd, 4th, 7th, 10th and 14th Respondents were directed to jointly and severally restitute all other clients/investors that invested in the unregistered schemes (Quantum Securities Limited High Yield Cash Deposit Note (QSLHYCDN) and Financial Asset Deposit Account (FAD)) operated by the 1st Respondent (including interests at CBN’s MPR and accruals thereof) · The 1st, 2nd, 3rd, 4th, 7th, 10th & 14th Respondents were directed to jointly and severally, pay monetary penalties for violating the provisions of the ISA and the Rules & Regulations made thereunder. · The 2nd, 3rd, 4th, 7th, 10th & 14thRespondents were banned from all capital market operations and from holding directorship positions in any public company in Nigeria for a period of ten (10) years from March 25, 2021. · The 15th Respondent was suspended from operating in the capital market for a period of three months from March 25, 2021. · All the allegations against the 5th, 6th, 8th, 9th, 11th, 12th and 13thRespondents were not substantiated hence they were discharged. · The Respondents shall be required to comply with the decision within a period of 90 days from the date the decision was made. ·
· In the event of failure by the 1st, 2nd, 3rd, 4th, 7th, 10th, & 14thRespondents to comply with the decision, the Commission reserves the right to seek an Order of forfeiture and sale of any assets traceable to them for the purpose of enforcing the decision. |
UPDATE OF MATTERS HANDLED BY THE APC (As at September 2020)
S/No | Number/Title of Case | Case Summary | Nature of Violations |
Highlights of Decisions |
1. | APC/1/2020
SEC
Vs
1. Amyn Investments Limited 2. Hauwa Audu Macjad 3. Abbas Momoh Jega 4. Hafiz Shuaibu 5. Ohiare Anita Ayuimoh 6. Onwujiogu Godwin I. 7. Abiodun Jones Alebiowu 8. Ikhelowa Philomena |
In the discharge of its functions, the Commission received twenty-six (26) complaints from clients of the 1st Respondent alleging among other infractions, failure to resolve complaints, non-remittance of proceeds of sale, withholding of dividends and accrued interest, failure/refusal to liquidate investments.
Upon investigation of the complaints, it was discovered that the 1st Respondent conceived, marketed and operated unauthorized investment schemes called SHARE PORTFOLIO GUARANTEED INVESTMENT (SPG), AMYN YOUTH INVESTMENT CLUB (AYIC) and TRADING IN SHARES: BUY LOW – SELL HIGH (BL-SH) through which it lured its clients to authorize it to trade in their blue chip stocks with a promise of 10% guaranteed annual return on their investments as well as payment of any corporate action declared by any of the shares traded upon.
Following preliminary investigations conducted by the Commission on the complaints and the alleged violations of the SEC Rules and Regulations made pursuant thereto, the Respondents were invited before the Administrative Proceedings Committee (APC) of the Commission to explain why sanctions should not be imposed on them for violating the provisions of the ISA 2007, the SEC Rules and Regulations 2013 (as amended) and the Code of Conduct for Capital Market Operators and their Employees |
· Carrying out, promoting and marketing an unregistered investment scheme;
· Performing a Capital Market function without registration; · Non remittance of proceeds of sale of clients’ shares; · Failure/refusal to resolve clients’ complaints; · Involving in acts that are capable of adversely affecting the investing publics’ image and confidence of the Nigeria Capital Market; · Non filing of statutory returns.
|
· The 1st – 6th Respondents were directed to jointly and severally restitute the 26 investors that complained to the tune of N281,208,969.50 (including interests and accruals thereof).
· Additionally, other clients who invested in the unregistered schemes operated by the Respondents are also to be paid. · The 1st – 6th Respondents shall pay monetary penalties for violating the provisions of the ISA & Rules and Regulations made thereunder. · The 2nd – 6th Respondents were banned from participating in all capital market activities and from holding directorship positions in any public company in Nigeria for a period of ten (10) years commencing from March 25, 2021. · The 7th & 8th Respondents werebanned from participating in all capital market activities and from holding directorship positions in any public company in Nigeria for a period of three months from November 10, 2020.
· The Respondents shall be required to comply with the decision within a period of 90 days from the date the decision was made.
· In the event of failure by the 1st, 2nd, 3rd, 4th, 5th and 6th Respondents to comply with the decision, the Commission reserves the right to seek an Order of forfeiture and sale of any assets traceable to them for the purpose of enforcing the decision. |
2. | APC/2/2020
SEC Vs 1. Cashcraft Assets Management Limited 2. Cashcraft Securities Limited 3. Cashcraft Capital Limited 4. Mr. Ogunfuwa Joseph 5. Mr. Idris Adamu Idris 6. Ms. Iyasere Awhotu-Mary 7. Dr. Ireyomi Adeolu 8. Mr. Otunba O. A. Ogunfuwa 9. Mr. Anthony Ikpea 10. Mr. Abolade Agbola 11. Mr. Balogun Ayodele 12. Mr. Ukogu Clement Ikechukwu 13. Mr. Hassan Anuoluwapo Joshua 14. Mr. Gabriel Tope Olujobi 15. Mrs. Modupe Folashade Kelani 16. Mr. Solomon Adewole Felix 17. Mr. Aigbiniode Barnabas Babatunde 18. Mr. Philips OlorunsanSunday 19. Mr. Oduola Ademola Kamoru |
In the discharge of its functions, the Commission received several complaints (about 172) from investors against the 1st -3rdRespondents alleging among others, violations regarding the non-refund of principal sums and interest invested in the u registered Personal Earning Annuity Scheme (PEAS) and unauthorised sale of their shares.
Following preliminary investigations conducted by the Commission on the complaints and the alleged violations of the SEC Rules and Regulations made pursuant thereto, the Respondents were invited before the Administrative Proceedings Committee (APC) of the Commission, to explain why sanctions should not be imposed on them for violating the provisions of the ISA 2007, the SEC Rules and Regulations 2013 (as amended) and the Code of Conduct for Capital Market Operators and their Employees. |
· Performing a capital market function without registration;
· Carrying out, promoting and marketing “Personal Earning Annuity Scheme” (PEAS) which is an unregistered investment scheme; · Non-remittance of proceeds of sale of clients’ shares; · Unauthorised Sale of clients’ shares; · Failure/refusal to resolve clients’ complaints; · Involvement in acts capable of adversely affecting the image and confidence of investors in the Nigerian capital market.
|
· The 2nd, 3rd, 4th – 11thRespondents were directed to jointly and severally restitute all clients/investors who complained against the 2nd and 3rd Respondents the sum of N1,056,088,911.31(in addition to payment of interest at CBN MPR +2%) and accruals thereto.
· The 2nd, 3rd, 4th – 11thRespondents were also directed to jointly and severally restitute all other clients in the list furnished by the 2nd & 3rdRespondents that invested in the unregistered scheme (PEAS) operated by 1st, 2ndand 3rd Respondents (in addition to payment of interest (at CBN MPR +2%) and accruals thereto.
· The 2nd Respondent was directed to restore the 19,800 units of ABC Transport Plc shares belonging to one ShettimaKachalla valued at N179,700.00 and that of Barrister Adetayo Adewale valued at N1,344,000.00 respectively, being shares sold by it without authorization. · The 2nd – 11th Respondents were directed to, jointly and severally, pay monetary penalties for violating the provisions of the ISA and Rules & Regulations made thereunder.
· The 2nd & 3rd Respondents were suspended indefinitely, from all capital market operations and placed a lien prohibiting the sale/assignment of the 2ndRespondent’s dealing license issued by the Nigerian Stock Exchange pending its full compliance with the decision.
· The 4th – 11th Respondents were banned from participating in all capital market activities and from holding any directorship positions in any public company in Nigeria for a period of ten (10) years commencing from March 25, 2021.
· The 12th – 17th Respondents were suspended from operating in the capital market for a period of three months commencing from November 11, 2020.
· The 18th and 19thRespondents were suspended from operating in the capital market for a period of six months commencing from November 11, 2020.
· Pursuant to the provision of Section 304 of the ISA 2007, the 1st Respondent and its Directors were referred to the appropriate criminal prosecuting authorities for investigation and possible prosecution for engaging in illegal capital market activities.
· The Respondents shall be required to comply with the decision within a period of 90 days from the date the decision was made.
· In the event of failure by the 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th 10th and 11thRespondents to comply with the decision, the Commission reserved the right to seek an Order of forfeiture and sale of any assets traceable to them for the purpose of enforcing the decision. |
3. | APC/3/2020
SEC
Vs
1. Mutual Alliance Investments and Securities Limited 2. Chief A. O. Badejo 3. Otunba Thomas B. Adebayo 4. Arc. Amarachukwu Nwokeji 5. Dr. (Mrs.) Olajumoke Ibidapo 6. Mr. Bernard Ilori 7. Dr. Olakunle Ologun 8. Mr. Chidi Ajaegbu 9. Otunba Thomas Bamidele Adebayo 10. Rtd. Gen Sebastian Owuama 11. Mr. Chidi Adabanya 12. Mr. Sunday Oyekale Olusegun 13. Mr. Umoh Marshall
|
In the discharge of its functions, the Commission received 19 complaints from investors (1st Respondent’s clients) at different times, alleging amongst other infractions, unauthorized sale of shares, non-remittance of proceeds of sale of shares, withholding of dividends and other accruals/benefits.
Upon preliminary investigations conducted by the Commission on the complaints and the alleged violations of the ISA and the SEC Rules and Regulations made pursuant thereto, the Respondents were invited before the Administrative Proceedings Committee (APC) of the Commission, to explain why sanctions should not be imposed on them for violating the provisions of the ISA 2007, the SEC Rules and Regulations 2013 (as amended) and the Code of Conduct for Capital Market Operators and their Employees. |
· Unauthorized sale of clients’ shares
· Non-remittance of proceeds of sale of shares · Failure/Refusal to resolve clients’ complaints · Non filing of statutory returns · Non-compliance with the Code of Conduct for Capital Market Operators and their Employees
|
· The 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 9th & 10th Respondents were directed to jointly and severally restitute the 19 investors who had complaints against the 1stRespondent including all interest and accruals thereof due to the respective complainants.
· The 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 9th, and 10thRespondents were further directed to jointly and severally restitute any investor with subsequent complaints against the 1stRespondent in the operation of its stock broking business (including all interest and accruals thereto).
· The 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 9th, & 10th Respondents were directed to jointly and severally pay monetary penalties for violating the provisions of the ISA and Rules and Regulations made thereunder.
· The 2nd, 3rd, 4th, 5th, 6th, 7th, 9th, & 10th Respondents were banned from all capital market operations and from holding directorship positions in any public company in Nigeria for a period of ten (10) years from March 25, 2021.
· The 8th Respondent was directed to restore the 3,400 units of Nigerian Breweries Plc shares including all corporate actions thereto belonging to Mr. FasasiAbolaji which was illegally sold by the 1st Respondent on the 26th of October 2007.
· The 8th Respondent was reprimanded and warned to desist from violating the provisions of any legislation governing activities in the capital market.
· The 11th Respondent was discharged from the allegations against him.
· The 12th Respondent was suspended from operating in the capital market for a period of 3 months from March 25, 2021.
· The 13th Respondent was referred to the relevant criminal prosecuting authorities for further investigation and possible prosecution.
· The Respondents shall be required to comply with the decision within a period of 90 days from the date the decision was made.
· In the event of failure by the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th and 10th Respondents to comply with the decision, the Commission reserves the right to seek an Order of forfeiture and sale of any assets traceable to them for the purpose of enforcing the decision. |
4. | APC/4/2020
SEC
Vs
1. Quantum Securities Limited 2. Barrister Tom Awhana 3. Chief Jonathan Arausi 4. Dr. Andrews Elueni 5. Prof. Austine Obasohan 6. Chief Joseph Onoyemeakpo 7. Andrew Uwuilekhue 8. Joel Okafor 9. Philomena Omovo 10. Patrick Brownson Ikporo 11. Jimmy Okugbere 12. Cynthia Adeyemi 13. Ayodeji Solaja 14. Oladele Odusanya Philip 15. Andrew Osugo
|
In the discharge of its functions, the Commission received over 56 complaints from clients of the 1stRespondent alleging among other infractions, unauthorized sale of their shares, non-remittance of proceeds of sale/ withholding of dividends/accruals and failure to return clients’ investments in the share portfolio accounts with accrued returns on maturity.
Upon investigation of the complaints received, it was discovered that the 1st Respondent conceived, marketed, carried out and operated two unregistered investment schemes called Quantum Securities Limited High Yield Cash Deposit Note (QSLHYCDN) and Financial Asset Deposit Account (FAD) through which it lured its clients to authorize it to trade in their blue chip stocks with a promise of 16% to 17% guaranteed annual return on their investments and a further promise to buy back the shares after maturity period, but failed to do so upon maturity.
Consequent on the above, the 1st-15th Respondents were invited to the Administrative Proceedings Committee (APC) of the Commission to show cause why sanctions should not be imposed on them for violations of the Investments & Securities Act, 2007, SEC Rules & Regulations 2013 (as amended) and Code of Conduct for Capital Market Operators and their Employees |
· Performing fund/portfolio management function without registration;
· Carrying out, promoting and marketing unregistered investment schemes (Quantum Securities Limited High Yield Cash Deposit Note (QSLHYCDN) and Financial Asset Deposit Account Scheme (FAD)); · Unauthorized sale of clients’ shares and non-remittance of proceeds of sale of shares; · Failure/refusal to resolve clients’ complaints; · Non-filing of statutory returns; · Involving in acts that are capable of adversely affecting the general investing public’s image of, and confidence in, the capital market. |
· The 1st, 2nd, 3rd, 4th, 7th, 10th & 14th Respondents were directed to jointly and severally restitute the 56 investors who have complaints against the 1stRespondent in the sum due to the respective complainants listed in the accompanying schedule herein attached totalling N352,288,076.93 (including interests at CBN’s MPR and accruals thereof).
· The 1st, 2nd, 3rd, 4th, 7th, 10th and 14th Respondents were directed to jointly and severally restitute all other clients/investors that invested in the unregistered schemes (Quantum Securities Limited High Yield Cash Deposit Note (QSLHYCDN) and Financial Asset Deposit Account (FAD)) operated by the 1st Respondent (including interests at CBN’s MPR and accruals thereof) · The 1st, 2nd, 3rd, 4th, 7th, 10th & 14th Respondents were directed to jointly and severally, pay monetary penalties for violating the provisions of the ISA and the Rules & Regulations made thereunder. · The 2nd, 3rd, 4th, 7th, 10th & 14thRespondents were banned from all capital market operations and from holding directorship positions in any public company in Nigeria for a period of ten (10) years from March 25, 2021. · The 15th Respondent was suspended from operating in the capital market for a period of three months from March 25, 2021. · All the allegations against the 5th, 6th, 8th, 9th, 11th, 12th and 13thRespondents were not substantiated hence they were discharged. · The Respondents shall be required to comply with the decision within a period of 90 days from the date the decision was made. ·
· In the event of failure by the 1st, 2nd, 3rd, 4th, 7th, 10th, & 14thRespondents to comply with the decision, the Commission reserves the right to seek an Order of forfeiture and sale of any assets traceable to them for the purpose of enforcing the decision. |
S/No |
Title of |
Case |
Nature |
Remarks |
1. |
1. Afolabi Gabriel Oluwaseyi
2. First Registrars & Investor Services Ltd 3. NOUN Staff Cooperative Multipurpose Society Ltd 4. Dr. Rufus Chika Okoro 5. Ministry of Finance, Delta State 6. Azort Nigeria Ltd 7. Estate of Late Chief John Chuks Adigwe 8. Chief Professor Marcellus Umunnakwe Ojua 9. Orsule Ann Awase 10. Mahmoud Usman
Vs 1. BGL Securities Ltd. 2. BGL Assets Management Ltd. 3. Albert E. Okumagba 4. Peter Adebola 5. Joseph Ashley-Osuzoka 6. Victor Obire 7. Nkechi Azubuike 8. Adekunle Alli 9. Ande Ewubare 10. Chibundu N. Edozie 11. Mohan Lalchandani 12. Anthony Nwozor 13. Oluwo Oluwale 14. Joshua Sesan Adetiloye 15. Victor Inyang 16. Hilary Eludu 17. Musa Kida 18. Hajia Fatima Abdurrahman 19. Ehime Alofoje 20. Adum Bili Andrew 21. Ofem Mbui Omni 22. Ms. Mshelia Clara Bittinger 23. Nnite |
APC/1/2016 |
Performance of a capital market
Promoting/Marketing products not
Failure/Refusal to resolve clients’
Failure to file statutory returns
Furnishing the Commission with false
Other violations of the Investments
|
The Respondents except 20th, 22nd & 23rd
The 1st Respondent was ordered to restitute
The 2nd Respondent was ordered to restitute
The 1st Respondent to refund stated amount to the 2nd
The affected Respondents were banned from capital market
1st & 2nd Respondents’ Certificates of |
SEC ADMINISTRATIVE PROCEEDINGS COMMITTEE DECISION IN RESPECT OF PARTNERSHIP INVESTMENT COMPANY PLC AND OTHERS.
In the Matter of the Investments and Securities Act, 2007, before the Administrative Proceedings Committee of the Securities and Exchange Commission |
In Re:
· Violation of SEC Rules on separation of clients’ funds from company’s funds · Unauthorized sale of clients’ shares · Failure/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/misleading information · Non-compliance with the Commission’s Rules relating to assets-mix ratio · Non-compliance with the Commission’s Rules on disclosure of transactions valued at N50 million (and above) executed in a single day · Soliciting deposits from the public · Other violations of the Investments and Securities Act, 2007, SEC Rules and Regulations, the Code of Conduct for Capital Market Operators and their Employees and Code of Corporate Governance for Public Companies. |
Between |
Head, Enforcement Department
Securities & Exchange Commission (The Complainant) |
And |
Partnership Investment Company Plc 1st Respondent
Partnership Securities Limited 2nd Respondent Mr. Henry Omoragbon 3rd Respondent Mr. Victor Ogiemwonyi 4th Respondent Mr. Allan Omorogba 5th Respondent Mr. Ojetunde Taiwo 6th Respondent Mrs. Ogiemwonyi Olufunke 7th Respondent Mr. Ogiamien Frank 8th Respondent Mr. Adeusi Aladejola Alexander 9th Respondent Mr. Eseha Augustine Enejeta 10th Respondent Mr. Odihi-Ogiemien Frank 11th Respondent Dr. Bello Aliyu Gusau 12th Respondent Mr. Olafisika Akinkugbe 13th Respondent Mrs Arese Ugwu 14th Respondent Mrs. Yinka Omoragbe 15th Respondent Mr. Justus Olu Paul 16th Respondent Mr. Clem Baiye 17th Respondent Mr. S.C. Irune 18th Respondent |
APPROVED DECISION |
Pursuant to the powers conferred on the Commission by the Investments and Securities Act, (ISA) 2007, the SEC Rules and Regulations made pursuant thereto, and for the maintenance of integrity in the Capital Market, the decision of the Administrative Proceedings Committee as approved by the Honorable Minister of Finance, Kemi Adeosun are as follows;
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Cases Before The Administrative Proceedings Committee (as at March 2011)
Title Of Case | Case Number | Nature Of Violations | Remarks | |
1 | Longterm Global Capital Ltd & 9 ors. vs. Stanbic IBTC Management Ltd | APC/01/2010 | Unauthorized purchase of GTBANK/GDR and conversion of pounds components of funds transfer to dollars without recourse to the complainant | Parties were reprimanded, penalized and discharged on some charges. |
2 | SEC vs. Proforte Securities Ltd & 9 ors | APC/66-194/2010 | Failure to file quarterly returns and remitting of capital & Interest invested by client | Yet to be concluded |
3 | SEC vs Empire Securities Ltd & 7 Ors | APC/6-42/2009 | Unauthorised sale of clients shares, non-purchase of shares and various violations under the ISA 2007 and SEC Rules and Regulations 2000 as amended | Yet to be concluded |
4 | SEC vs Davandy Securities Limited & 11 Ors | APC/2-64/2010 | Non purchase of client’s shares, Failure to file quarterly returns, failure to remit capital and interest on client’s investment and various violations under the ISA 2007 and SEC Rules and Regulations 2000 as amended. | Yet to be concluded |
5 | SEC vs MTECH Communications Plc | APC/65/2010 | It was alleged that directors of the 1st Respondent pledged
the assets of the 1st Respondent as collateral for loans taken from Bank PHB to buy shares of the 1st Respondent in its private placement before the 1st Respondent became a Plc |
Yet to be concluded |
6 | SEC vs Alliance Capital Management Cio.ltd & Nine Ors | APC/2-245/08 | Non purchase of shares paid for by client, Non verification of share certificates and sale of clients shares without mandate, non rendition of periodic returns, non remittance of proceeds of sale to investor various violations under the ISA 2007 and SEC Rules and Regulations 2000 as amended. | Yet to be concluded |
7 | SEC vs. Afribank Plc & 32 Ors | APC/5/2009 | Violations of the Provisions of the ISA 2007,SEC Rules and Regulation 2000(as amended),the code of conduct for capital market operators and their employees and the code of corporate governance in Nigeria. | Case was discontinued and suit instituted at the IST |
8 | SEC vs. Fin Bank Plc & 43 Ors | APC/2/2009 | Violations of the Provisions of the ISA 2007,SEC Rules and Regulation 2000(as amended),the code of conduct for capital market operators and their employees and the code of corporate governance in Nigeria. | Case was discontinued and suit instituted at the IST |
9 | SEC vs. Intercontinental Bank Plc & 42 Ors | APC/1/2009 | Violations of the Provisions of the ISA 2007,SEC Rules and Regulation 2000(as amended),the code of conduct for capital market operators and their employees and the code of corporate governance in Nigeria. | Case was discontinued and suit instituted at the IST |
10 | SEC vs. Oceanic Bank Plc & 37 Ors | APC/4/2009 | Violations of the Provisions of the ISA 2007,SEC Rules and Regulation 2000(as amended),the code of conduct for capital market operators and their employees and the code of corporate governance in Nigeria. | Case was discontinued and suit instituted at the IST |
11 | SEC vs. Union Bank Plc & 26 Ors. | APC/3/2009 | Violations of the Provisions of the ISA 2007,SEC Rules and Regulation 2000(as amended),the code of conduct for capital market operators and their employees and the code of corporate governance in Nigeria | Case was discontinued and suit instituted at the IST |