The Senate has expressed surprise at a
recommendation by the Nigerian Law Reform Commission for a review of the
Nigerian Foreign Exchange Act to make people who have in their
possession for more than 30 days foreign currencies to go to jail for up
to two years or pay a fine of 20 per cent of the amount.
The Senate stated in a statement signed
by its spokesperson, Senator Aliyu Abdullahi, that with its focus on
boosting investors’ confidence in the nation’s economy, such a move
would prevent investors from entering and exiting the market freely and
that its members would reject the proposal outright.
Abdullahi said in the statement, “The
measure is disruptive and counterproductive, threatening to undermine
many of the reform efforts already underway in the legislature and by
government ministries, which are intended to boost investor confidence.
“The Senate will never pass such a
punitive and regressive proposal. Overall, some of the commission’s
recommendations have many sound attributes and could help Nigeria’s
investment climate. We believe the CBN should have the authority to
regulate the forex market and determine the exchange rate policy as
already enshrined in its enabling Act.
“A market-oriented exchange rate policy
is the best recipe for guiding the operations of the foreign exchange
market. This will ensure the supremacy of market mechanisms in
efficiently allocating scarce forex resources. We will continue to work
with the Executive to halt the worsening recession and return to
economic growth.”
The proposed changes are said to be
intended to help control capital flows and prevent foreign exchange from
being taken out of the country.
“The amendments are necessary for
effective monitoring and control, and to ensure probity in foreign
exchange transactions in Nigeria,” the draft published on the website of
the NLRC stated.
Meanwhile, the CBN has said that it has
nothing to do with such a legislation that will bar citizens from
holding foreign currencies for more than 30 days.
The Acting Director, Corporate
Communications, CBN, Isaac Okorafor, stressed that the apex bank, in
line with its mandate, was committed to safeguarding the international
value of the country’s legal tender.
He denied knowledge of the proposed
clause recommending a jail term of two years for any holder of foreign
exchange in cash or a fine of 20 per cent of the amount.
“To the best of my knowledge, the
Central Bank of Nigeria has not proposed any bill seeking to arrest and
jail persons holding foreign exchange for more than 30 days,” Okorafor
said in a statement.
He also denied that the CBN was planning
to confiscate funds in domiciliary accounts of individuals, saying such
a claim was false.

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