STRANGE BUSINESS LAW: Nigeria /Ghana Diplomatic Relations at Stake?
…. Maltreatment of Nigerians ongoing in Ghana despite diplomatic visit by House of Reps Speaker, Femi Ggbajabiamila to the country
…Ghana to consider resolutions from Legislative Diplomacy in resolving trade dispute, Ghana’s President Akufo-Addo Tells Gbajabiamila
BY OBUTE JAMES
Several Nigerians doing business in Ghana had their shops and business premises locked up by Ghanaian authorities over demand of $1 million as minimum requirement of doing business in the country.
The president of Nigerian Traders Union in Ghana, Mr Chukwuemeka Nnaji, had recently decried the closure of shops owned by Nigerians doing business in that country by Ghanaian authorities.
He said that shops belonging to Nigerian traders in Accra were locked up by Ghanaian authorities who demanded cash payment of $1million from them before the shops would be opened.
According to him, an inter-ministerial task force moved round to identify shops owned by Nigerian traders and requested for registration of business taxes, resident permit, standard control and Ghana Investment Promotion Council (GIPC) registration.
He said, “Most of our members do not have the GIPC registration, because it requires one million dollars cash or equity and they gave us 14 days within which to regularise.
“Nigerians life in Ghana matters. This is livelihood of Nigerians being destroyed by Ghanaian Authorities. This is not being perpetrated by a trade union, but Ghanaian authorities.
“They demanded that we must employ a minimum of 25 skilled Ghanaian workers and must not trade in commodities that Ghanaian traders have applied to trade in.
“The humiliation of Nigerians is getting out of hand. We are calling on the Nigerian government to come to our aid. We have legally registered our businesses and we pay taxes”.
Following these cries, the Speaker of the House of Representatives, Hon. Femi Gbajabiamila and other government functionaries including the Chairman, House Committee on Foreign Affairs, Yakubu Buba, travelled to Ghana penultimate week on diplomatic visit.
Despite the Speaker’s intervention, it was learnt that the government joint taskforce still continues to maltreat Nigerians in the country.
The traders, in a video trending on the social media handle, last Thursday said that their shops had been locked up by a team of government inter-ministerial taskforce despite the fact many of them had paid over $1 million levy and other payments.
One of the Nigerian traders in Ghana, who spoke while others concurred with him in the video, said “at the moment we have recorded about 90 shops closed down all owned by Nigerians. That’s why we think it was necessary to let the whole world, especially the Nigerian President, Muhammadu Buhari, know and to quickly come to our aid because we are dying in Ghana.
“All our shops have been totally closed down, the reason best known to them. They are claiming that we did not meet the requirements, I don’t know the requirements they are talking about. First of all, let me start with this man here, look at this company, Metal Crown Ghana Limited registered with GIPC, this document shows that the young man has brought in equity of $1 million to transact his business in Ghana.
“Some documents here also showed that he and his workers had paid all the necessary taxes (pay as you earn) till last month. This month will be paid by next month. He has paid his VAT and not owing anything to Ghana Internal Revenue Authority. This is his certificate of registration incorporation and commerce. This is his passport and his residence permit.”
They also claimed that they were being denied residence permit and that the document, which they normally use to obtain with the sum of $120, was now being issued to Nigerians, who managed to get it at $1000.
“We are just pleading with our government to come and help us. If Ghana government would not want us here, let our government come and help. If possible evacuate us back to Nigeria, we don’t have a problem with that because we cannot be here and be dying one by one. When this type of thing happened in 2018, one of our members committed suicide.”
The Nigerian traders in Ghana blamed Ghana Union Traders Association for their travails, saying that the union had vowed they don’t want to see Nigerians in their market any longer.
“Every election year the government in power will want to use us to do campaigns,” they added.
Ghana to Consider Resolutions From Legislative Diplomacy in Resolving Trade Dispute – Ghana’s President Akufo-Addo Tells Gbajabiamila
Meanwhile, the President of Ghana, Prof. Nana Akufo Ado, has assured the Speaker of Nigeria’s House of Representatives, Rep. Femi Gbajabiamila, of the readiness of the Ghanaian government to consider the resolutions reached at the ‘Legislative Diplomacy Bilateral Meeting’ between Nigeria and Ghana’s senior legislators on 2nd September 2020, at the Ghanaian Parliament House.
The Ghanaian President gave the assurance when the Speaker of Ghana’s parliament, Prof. Mike Oquaye, upon completion of the 2-day extensive dialogue, led his Nigerian counterpart on a courtesy visit to the President at the Jubilee House, Accra, Ghana on Thursday.
The statement signed by the House of Representatives Spokesman, Hon. Benjamin Kalu last Friday 4th September, 2020 said.
The legislative diplomacy dialogue became imperative as the parliaments of the two countries sought modalities to resolve challenges and provide an enabling business environment for foreign traders including Nigerians doing business in Ghana. Several foreign businesses, many Nigerian-owned, in Ghana have been facing challenges in the demand for $1m capital base for foreign traders, as enshrined in the Ghana Investment Promotion Center GIPC Act (2013)
Responding to a request by Nigeria’s Speaker, Rep. Femi Gbajabiamila for a review of the Ghana Investment Promotion Centre (GIPC) Act to make certain concessions, President Akufo-Addo said the request was in order as it “makes a lot of sense.”
The Ghanaian President, who expressed satisfaction with Gbajabiamila’s visit, endorsed his proposal for the establishment of a ‘Nigeria-Ghana Business Council’ established by law in both countries, and he additionally suggested the setting up of a joint ministerial committee between the two countries that will “shepherd” issues between Ghana and Nigeria.
He told Gbajabiamila he would also raise the issue with President Muhammadu Buhari when they meet at the ECOWAS Summit on Monday.
“I think the way forward, which is really what matters in situations like this, that is being suggested, one that I find very acceptable, the idea of legislation, a Nigeria-Ghana business council that will superintendent trade matters and investment matters between our two countries, maybe long overdue.”
“The time has come for us to take these worthwhile steps. I suggested to Mr. President that it will be a good idea to set up a joint ministerial committee of ministers from both sides who will be responsible for shepherding Ghana and Nigeria issues, reporting to both presidents at any one time, and that is how they should be resolved.”
“I am hoping when I see him on Monday for the ECOWAS summit, we can advance these discussions and come to a final conclusion.
“The way you yourselves have come about this matter is very satisfactory, and it requires our support. The review that you are asking for, why not? if it works in our mutual perspectives, we can take it for granted that your request will be taken seriously. We will have a look at it.
“So, the request for the review makes a lot of sense,” President Akufo-Addo said.
Earlier, Gbajabiamila, who was in the company of some of his colleagues in Nigeria’s House of Representatives, which included the Chairmen of House Committees on Foreign Affairs, Media and Public Affairs, Deputy chairmen of committee on Diaspora, Federal road safety and a member of the ECOWAS Parliament, told the Ghanaian President at the Jubilee House, that they were in Ghana to make efforts through parliamentary diplomacy to resolve the issues at stake.”
“We have appealed to the (Ghanaian) Parliament that if it’s possible at all to look again at the issues, as far as the Ghana Investment Promotion Center Act is concerned, they should please do so.
“If it is not possible, then let us look at ways the pain can be reduced, like those expectations required in the law.
“We’ve proffered a few suggestions one of which is the establishment of Ghana Nigeria Business Council backed by legislation on both sides,” Gbajabiamila said.
Meanwhile, in a communique issued jointly at the end of the bilateral meeting between members of the two Parliaments led by their respective Speakers, Gbajabiamila and Prof. Mike Oquaye, it was resolved that “measures will be adopted to support law-abiding traders to properly regularise their business operations to alleviate the trade challenges occasioned by the alleged closure of the retail stores, in view of the ravaging impact of Covid-19 pandemic on businesses and families in both countries.”
They acknowledged that many stakeholders in the retail sector have limited appreciation of the trade laws of Ghana, in particular, Section 28 of the GIPC Act, which provides for the conditions under which non-Ghanaians can engage in trading activities and urged the relevant regulatory authorities including the GIPC and Trade Attaches of foreign missions to educate their citizens on the trade laws.
They equally emphasized the need to respect the sovereignty of Member States of ECOWAS and their laws but, in doing so, efforts must be made to ensure that the ECOWAS Agenda for free movement of people and goods in furtherance of a shared and prosperous future of citizens of the sub-region is not compromised.
“A meeting will be held between the Trade and Foreign Affairs Committees of both Legislatures to deliberate on applications of Trade Laws, in particular, the GIPC Act, 2013 (Act 865) and make recommendations for appropriate solutions; and
“A Joint Committee will be established composed of Members of both Legislatures to explore the possible passage of reciprocal legislation, which could be potentially called the “Ghana-Nigeria Friendship Act” which shall propose “Ghana-Nigeria Business Council” to provide a framework to sustain the friendship and benefits to citizens of the two nations.”
On departure from Ghana yesterday, Gbajabiamila expressed his gratitude to his counterpart for his statesmanship, leadership and hospitality, which made it possible for both countries to resolve thorny issues through legislative diplomacy.
