Briefing Note: Nigeria’s Emergency Economic Stimulus Bill 2020

Background:

Economies
across the globe have begun responding to the Covid-19 pandemic not only
medically but in economic terms, with various monetary and fiscal interventions
being implemented. Nigeria is not left out with some monetary and fiscal
measures having recently been announced or implemented by the Executive Arm of
the Federal Government of Nigeria. The latest in the Nigerian offing is its legislative
response, styled, the Emergency Economic Stimulus Bill, 2020 (the “Bill”).
The Bill was passed by the House of Representatives (the “House”) of the
Nigerian National Assembly on March 24, 2020. By virtue of Nigeria’s bi-camera
legislature, the Bill is now before the Nigerian Senate. The Bill is long-titled,
“A Bill for an Act to provide for Relief on Corporate Tax Liability,
Suspension of Import Duty on Selected Goods and Deferral of Residential
Mortgage Obligations to the Federal Mortgage Bank of Nigeria for affixed term
to protect jobs and alleviate financial burden on citizens in response to the
economic downturn occasioned by the outbreak of COVID-19 disease.”

In this Briefing Note, we highlight, summarize and make relevant observations on the 3 (three) fiscal and related incentives provided by the Bill.

The Bill

Our Thoughts in Conclusion:

The next stage in the legislative process of the Bill becoming law is its presentation before the Nigerian Senate which is currently on recess. It is expected that given current emergencies, as the Bill is eponymously called, the leadership of the Nigeria Senate will call for the relevant emergency sessions to consider the provisions of the Bill. It is our hope that the Senate will significantly improve the Bill by providing the measurable and more tangible fiscal stimulus that the Nigerian economy requires in the wake and aftermath of this pandemic. It is important that adequate economic and scientific thoughts are given to what Nigerians and Nigeria actually need to bounce back from the pandemic. For instance, it is largely debatable why the Bill does not reference or directly revise any of the provisions of the subsisting Finance Act, 2019. This is in light of the fact that the Finance Act was enacted on the premise of certain assumptions for Nigeria’s 2020 economy; assumptions that the current pandemic has negatively revised. The Bill is an opportune avenue for introducing sensitive fiscal palliatives that address the now erroneous assumptions of the Finance Act, particularly for the major drivers of the Nigerian economy. A significant impact of the Finance Act is its new Minimum Tax Rule that now requires all major players in the Nigerian economy to compulsorily pay a minimum 0.5% of their turnover as CIT. Reducing or removing this threshold, at least for the 2020 ‘pandemic’ year, may be a more significant palliative for the major drivers of the Nigerian economy. The value of a palliative of this nature can easily be quantified in monetary terms. Quantification of stimulus plans or palliatives is a global norm; the Canadians are having a +$82billion aid of which $27billion is in direct funding and $55billion in tax deferrals; the United States’ Senate has just passed a $2 trillion economic stimulus plan. Nigeria’s National Assembly needs to put a significant value to the Bill, by improving its contents on the strength of core economics. Our legal appraisal of the Bill and, hopefully, the resulting legislation is the least in the value chain of what Nigerians desire to see.

For further information on the foregoing (none of which should be taken as legal advice), please contact: Bidemi Olumide (bidemi.olumide@ao2law.com) or Kitan Kola-Adefemi  (kitan.kola-adefemi@ao2law.com) or Ayomikun Ola-Kenny (ayomikun.ola-kenny@ao2nominees.com) with the subject: “Nigeria’s Emergency Economic Stimulus Bill 2020”.

Download PDF here

More Articles

RECAPITALIZATION OF COMMERCIAL BANKS: WHAT DOES THIS PORTEND FOR THE PENSION INDUSTRY?

RECAPITALIZATION OF COMMERCIAL BANKS: WHAT DOES THIS PORTEND FOR THE PENSION INDUSTRY?

Nigeria’s economic headwinds over the years have culminated in hyperinflation, macroeconomic variability, and instability in the exchange rate. As part of the approaches to tackle the economic instability bedevilling the country and bolster the country’s economy to be more resilient, solvent and in tune with the aspirations of the Federal Government of Nigeria , the Central Bank of Nigeria (“CBN”) issued a circular mandating commercial, merchant, and non-interest banks to shore up their capital base. This recapitalization exercise is backed by Section 9 of the Banks and Other Financial Institutions Act, 2020 (“BOFIA”) which empowers the apex bank to, from time to time determine the minimum paid-up share capital requirement of each category of licensed banks operating in Nigeria.

DIGITAL DISPUTE RESOLUTION: NAVIGATING LEGAL CHALLENGES IN ONLINE TRANSACTIONS

The development of Internet and Information and Communication Technology (ICT) has revolutionised the world and brought with them the emergence of online commerce. Trades are now concluded on the Internet between parties from different parts of the world. Online transactions have reshaped the foundations of trade and have brought many advantages to many individuals and corporate entities. More goods and services are being bought and sold online on a daily basis. In fact, some goods and services are bought and sold virtually online without any physical or tangible equivalent. Interestingly, Nigerian Courts are increasingly adopting digital tools, especially in the wake of the Covid-19 pandemic to resolve commercial disputes. Alternative dispute resolution (ADR) procedures such as arbitration and mediation are also being digitized.

Aligning ESG Practices in the Nigerian Oil and Gas Sector with Climate Change and Nigeria’s Net-Zero Goal by 2060

Nigeria’s oil and gas sector evolved over the decades. The sector has moved from an era where little or no effort was put towards addressing the negative impacts occasioned by oil exploration and other incendiary activities, the failure by the Federal Government (FG) to sign the Petroleum Industry Bill into Law and a plethora of socially related malaise that have affected the host communities; their source of livelihood and their living conditions to one where a robust Legislative framework coupled with Regulations have been put in place to make it align with global best practices.