The Guardian (Nigeria)

SEC, Oando reach truce to protect shareholde­rs

- By Helen Oji

AFTER four years of rift, the Securities and Exchange Commission ( SEC) yesterday, announced that it has entered into a settlement with Oando Plc in the interest of the shareholde­rs of the company and the capital market.

This was contained in a circular released and signed by the management of the commission yesterday.

According to the circular, the company has reached a settlement with the commission on the following terms amongst which are the immediate withdrawal of all legal actions filed by the company and all affected directors; payment of all monetary penalties stipulated in the commission’s letter of May 31, 2019, and an undertakin­g by the company to implement corporate governance improvemen­ts.

Part of the terms also requires the submission by the company of quarterly reports on its compliance with the terms of the settlement agreement; the Investment­s and Securities Act, 2007; the SEC Rules and Regulation­s; the National Code of Corporate Governance and the SEC Guidelines to the Code of Corporate Governance.

According to the SEC, “Pursuant to the powers conferred on the SEC by the Investment­s and Securities Act 2007, and the Rules and

Regulation­s made pursuant thereto, the Commission on Thursday, July 15, 2021, entered into a Settlement with Oando Plc ( the Company).

“The commission in its letter to the company dated May 31, 2019, ga ve certain directives and imposed sanctions on the company , following investigat­ions conducted pursuant to two petitions filed with the commission in 2017.

“The company and some of its affected directors had challenged the said directives in a series of suits commenced at the Federal High Court. However, the company subsequent­ly approached the commission for a settlement of the matter, and both parties have now agreed to settle.

The commission said the decision was in considerat­ion of the impact that a further prolonged period of litigation would ha ve on the company’s shareholde­rs and the value of their investment­s as well as remedial measures to be put in place by the company in enhancing its corporate governance practices and strengthen­ing its internal control en vironment.

It further reiterated its commitment to ensuring the fairness, transparen­cy and integrity of the capital market, while upholding its mandate to protect investors.

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