SEC directs NSE to suspend trading in Oando shares

Nigeria’s capital market apex regulator, Securities and Exchange Commission (SEC) has slammed major petroleum marketing company, Oando Plc with suspension, directing the Nigerian Stock Exchange (NSE) to suspend trading of the shares of the company effective forty eight hours from today October 18 to 20, 2017.

According to a statement from the NSE, which was signed by Tinuade Awe, General Counsel / Head of Regulation, noted that the technical suspension is effective from 20 October 2017 and until further directive.

A full suspension is the halt of trading activities in a listed security for a period. A technical suspension is the interruption of price movement in a listed security for a period so that any dealings in the securities which occur during the period of the suspension will not result in any change in price, which change may have occurred had the suspension not been implemented.

In the 48 hour period commencing today, there will be no trading in the shares of Oando Plc. Thereafter, effective 20 October 2017, investors will be able to trade in Oando Plc’s shares but such trading will not result in any movement in the price of the shares.

Circular From SEC to the NSE reads in part: ”CIRCULAR TO THE GENERAL PUBLIC ON OANDO PLC

The Securities & Exchange Commission received two petitions from Alhaji Dahiru Barau Mangal and Ansbury Incorporated. The Commission carried out a comprehensive review of the petitions and made the following findings amongst others;

– Breach of the provisions of the Investments & Securities Act 2007
– Breach of the SEC Code of Corporate Governance for Public Companies
– Suspected insider Dealing
– Related party transactions not conducted at arm’s length
– Discrepancies in the shareholding structure of Oando Plc. Etc.

The Commission’s primary role as apex regulator of the Nigerian Capital Market is to regulate the market and protect the investing public. The Commission notes that the above findings are weighty and therefore needs to be further investigated.

After due consideration, the Commission believes that it is necessary to conduct a forensic audit into the affairs of Oando Plc. This is pursuant to the statutory duties of the Commission as provided in section 13(k), (n), (r) and (aa) of the ISA 2017.

To ensure the independence and transparency of the exercise, the Forensic Audit shall be conducted by a consortium of experts made up of auditors, lawyers, stockbrokers and Registrars.

To further ensure that the interest of all shareholders of Oando Plc are preserved during the course of the exercise, the Commission directed the Nigerian Stock

Exchange to place the shares of Oando Plc on technical suspension.

However in view of the fact that it is not technologically feasible for the Exchange to effect a technical suspension except after 48 hours, the Commission directed as follows;

1. Effective for forty-eight (48) hours from today, 18 October 2017 to 20 October 2017, The Nigerian Stock Exchange should implement a full suspension in the trading of the shares of Oando Plc; and

2. Effective from 20 October 2017 and until further directive, The Exchange should implement a technical suspension in the shares of Oando”

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