Alternative Dispute Resolution in Nigeria.

Top Alternative Dispute Resolution (ADR) in Nigeria.

Alternative Dispute Resolution in Nigeria is practiced within Nigeria at the institutional and individual level with and without the involvement of the court system

The list of institutions that practiced ADR in Nigeria, namely, The Chambers of Commerce, private enterprises, industry groups etc. In the case of individuals are judges, specially trained practitioners (i.e. arbitrators, mediators, accountants), elders, traditional rulers, chiefs, religious leaders. 

The practitioners involved in ADR is industry-specific that have technical expertise in specific areas like environmental disputes, labour disputes, family law, etc.

Furthermore, the current Nigerian laws have sufficient provisions that have addressed Alternative Dispute Resolution in Nigeria and the methods in resolving disputes.

These provisions of the laws are discussed below.

(1) The 1999 Constitution

The Constitution is the supreme law of the land that endorses arbitration. Section 19(d) of the Constitution states that part of Nigeria’s foreign policy objective is respect for international law and treaty obligations. Nigeria also seeks for settlement of international disputes by negotiation, mediation, conciliation, arbitration and adjudication.

(2) Arbitration Laws

Nigeria, like other progressive countries, has subscribed to many international ADR Laws and Rules. The United Nations Commission on International Trade Law (UNCTRAL Model Law of 1985) and UNCITRAL Arbitration Rules domesticated in Nigeria under the Arbitration and Conciliation Act (ACA).

(3) Other Federal Acts

Nigerian body of laws is replete with several statutes that provide for arbitration or other ADR mechanisms. However, a fewer list is mentioned below of the law and the applicable sections: 

  1. Sections 11 and 30 (4) of the Matrimonial Causes Act (Cap. M7 LFN 2004). This section talks about reconciliation between the husband and wife or parties. As they can get the Marriage conciliator to take an oath of secrecy to settle out of court.
  2. section 2, Consumer Protection Council Act, (Cap C25 LFN 2004), 
  3. sections 29 and 33, of the Environmental Impact Assessment (EIA) Act (Cap. E12 LFN 2004), 
  4. Sections 4, 8, 9, 20, 22 of the Trade Disputes Act (Cap. T8 LFN 2004), 
  5. section 11 of the Petroleum Act(Cap. PI0 LFN 2004), 
  6. section 26 of the Nigerian Investment Promotion Commission Act, (Cap. N17 LFN 2004); 
  7. section 27 of the Public Enterprises (Privatization and Commercialization) Act, (Cap. P38 LFN 2004), 
  8. section 22 of the Nigerian LNG (Fiscal Incentives, Guarantee and Assurance) Act (Cap. N87 LFN 2004), 
  9. Section 49 of the Nigerian Co-operative Societies Act (Cap. N98 LFN 2004); 
  10. section 5 of the National War College Act (Cap N82 LFN 2004); 
  11. sections 3 and 6 of the National Boundary Commission, Etc. Act; (Cap. N10 LFN 2004), 
  12. section 3 of the Advisory Council on Religious Affairs Act (Cap. A8 LFN 2004); 
  13. section 4 of the National Office for Technology Acquisition and Promotion Act( Cap. N62 LFN 2004), 
  14. section 4 of the Nigerian Communications Commission Act (Cap. N97 LFN 2004) etc.

(4) Court Laws and Rules

Lastly, Court laws and rules govern procedures and proceedings for the conduct of business in the court.

Top 55 Balance Sheet Keywords

Top 55 Balance Sheet Keywords

Top 55 balance sheet keywords relevant to business. It all started from account receivables to total non-current liabilities

Top 55 balance sheet keywords are available below.

1. Account Receivables

2. Account Payables

3. Accrual

4. Asset

5. Accumulated Depreciation

6. Bank Account

7. Bank Overdraft

8. Bill Payable

9. Cash and Cash Equivalents 

10. Computer Software

11. Copyrights 

12. Current Asset

13. Current Liabilities(within 1year) 

14. Current tax payable( Unpaid Tax)

15. Customer Lists.

16. Deferred tax 

17. Development Cost

18. Dividend payable(Unpaid Dividend)

19. Equity

20. Furniture and Fixtures

21. Goodwill 

22. Intangibles Noncurrent Asset 

23. Inventories 

24. Investments in Associates 

25. Investments in Equity Instruments 

26. Land and building

27. Liabilities 

28. Long-term Asset.

29. Long-term Borrowings 

30. Long-term Provisions 

31. Mortgage Payable 

32. Motion Picture Firm 

33. Net Assets 

34. Net Worth

35. Non-Controlling Interest 

36. Non-current Liabilities (over one year) 

37. Non-current Asset

38. Notes Payable 

39. Other Components Equity 

40. Other Current Assets 

41. Other Intangible Asset           

42. Patents

43. Prepaid

44. Property, Plant and Equipment

45. Retained Earnings 

46. Salary Payable

47. Share Capital 

48. Share part of Long Term Borrowings 

49. Short Term Borrowings (Short-term debt)

50. Short term provisions 

51. Tangible Non-current Asset 

52. Trade Mark

53. Total Assets 

54. Total current liabilities

55. Total Non-current liabilities    

Moreover, to get more Top 55 balance sheet keywords, get in touch with us

Top 35 Source Documents in Accounting

Top 35 Source Documents in Accounting that are relevant to accountant.

Introduction

Top 35 Source Documents in Accounting are relevant to help accountant in their job. Also, it is a document that serves as proof of transaction that is available in apps that provide such services.

Top 35 Source Documents in Accounting stated below:

1.Purchase Order

The buyer sends this to the vendor. They will then outline exactly what the order should contain and when it should arrive.


2. Sales Invoice

This is a process for managing account receivables. When the seller gives out goods, they will provide a document containing all relevant sale details.

3. Purchase Invoice

This is made for account payables. The seller will enter this as sales invoice while the buyer will enter it as purchase invoice.

4. Debit Note

This is evidence of reduction in purchases and can be useful to support purchases return journal. Furthermore, in customer books, debit note will reduce how much they owe to the seller.

5. Credit Note

This is evidence of reduced sales and support sales return journal. In addition to supplier’s books, credit note reduces the amount owed by the customer.

6. Cheque

This is a special bank note that represents the cash paid by the customer.

7. Revenue receipt

This is used to record the receipt of cash which is a proof that the payment is made.

8. Cash register receipts

This is a business paper that listed the money coming in from customers.

9. Bank or Credit advice

They are debit or credit bank advice. Bank credit advice is bank documents informing the business of an increase made in the business’s bank account. Unlike bank debit advice that is opposite to bank credit advice.

10. Deposit slips

When one receives cheque or cash from customer, the seller will take it to the bank and present.

11. ATM cards

The production of receipt from ATM machine can serve as evidence that money has been taken from the bank account.

12. Bank statements

This is a summary of financial transactions that occurred at a certain institution during a specific time period. For example, a typical bank statement may show your deposits and withdrawals for a certain month.

13. Bill of exchange

This is an unconditional order in writing, addressed by one person to another, signed by the person giving it. It also require the person to whom it is addressed to pay on demand.

14. Payroll report

This can also refer to the list of employees of a business and the amount of compensation due to each of them.


15. Cancelled Cheque

This is a check that has been paid or cleared by the bank

16. Cheque Stubs

This is the check kept by the payee with information such as the check number, date, and amount.

17. Employee Timecard

This is a method for recording and tracking the amount of an employee’s time spent on each job

18. Board minutes or minutes of meetings

The secretary of the board usually takes minutes during meetings.

19. Goods Dispatched Note (GDN)

This a document of the company that lists the goods sent out to a customer. Without a doubt, the company will keep one record of goods dispatched notes.

20. Goods Issues Note (GIN)

This is a physical record of the movement of goods or materials from the warehouse or store to production department.

21. Stock take Records

This is also called stock counting. It is when you manually check and record all the inventory that your business currently has on hand

22. Stock Record

A Bin Card is a card indicating quantitative records of the receipts, issues and balances etc.

23. Goods Received Note (GRN)

This is source document that shows the goods that a business has received from a supplier.

24. Remittance advice

This source document can confirm the amount paid and shows discrepancies that can easily be investigated.

25. Insurance Endorsement Certificates

This is where one party will add the other party as an “additional insured” on their commercial liability insurance policy.

26. Point of Sales Summaries

This can be used to record a number of sales at a cash register.

27. Memorandum

Memo is a written document businesses use to communicate an announcement, policy changes, price increases or notification to take an action, such as attend a meeting, or change a current production procedure.

28. Computer-generated Receipts

This is the kind of receipts is to be generated by the computer.

29. Lease Agreement or Rental Agreement

Lease contracts are formal documents that identify the lessor, lessee, what’s being leased, whether it’s an asset or a property.

30. Sales Tax Returns

This is the taxpayer’s document of declaration. This will enable the taxpayer to furnish the transaction details during a tax period and deposits his Sales Tax liability.

31. Cash Register Tapes

This allowed one to keep a record of all customer transactions and/or provide them with a receipt.

32. Adjustment Notes

This are issued to customers due to damaged, returned or undelivered goods

33. Employee Pay Advice

This source document that can helped to provide written evidence concerning employee income.

34. Payroll Advice Report

This payroll reports helped small businesses understand payroll costs and summarize payroll data.

35. Evidence of Sale or Disposal of Assets

This is the removal of a long-term asset from the company’s accounting records.

Conclusion

Indeed, all these top 35 source documents in accounting are integrated in several apps that offer such accounting services. Moreover, this App made it possible to have all these source documents in one place to make the accountant job easier and simple.

Kindly add your own source documents to the Top 35 Source Documents in Accounting listed above. This will help us to update our records accordingly.

Watch several videos of how to prepare financial statements from source documents

Prepare Financial Statements from Source Documents Part

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E-Collection

E-Collection stakeholders in Nigeria.
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E-Collection is electronic collection of government revenue. Therefore, E-Collection through Treasury Single Account received new development since inception.

However, some of the improvement to e-collection are in line with Central Bank of Nigeria (CBN) circular of 10th December 2020.

New Development of E-Collection/TSA implementation in Nigeria

1. New TSA cost of E-Collections for payer and Ministries, Department and Agencies (MDAs). The charges are grouped into two.

(A). Transaction charges borne by the payer.
i) If the payment is received through Point of Sales (POS), it will attract N150 plus 0.50 per cent of the amount being paid subject to a maximum of N1, 000 per transaction.

ii). If payment is received through other channeled, it attracts N150 exclusive of Value Added Tax (VAT)

(B). Transaction charges borne by the MDAs.

(i) They provide the platform for collection.

(ii) They will process all data about the payment and the payer.

(iii) They transmit the data and replicate them and lastly

(iv) Fund sweeping.  For this, stakeholder below is to receive from Payment Solution Service providers (PSSPs) or Deposit Money Banks (DMBs) fund sweeping. This depends on who is playing the collection role for the MDAs. NIBBS is to receives 10% while Office of the Accountant General of the Federation (OAGF) to receives 2.5%.

2. New TSA sharing formula for collection cost received among the various stakeholders as follows:

PSSPs——————————-43%

Collecting Banks——————33%

CBN———————————11%

NIBBS——————————-10.5%

OAGF——————————–2.5%

3. The government link the revenue generating agencies to TSA portal through (PSSPS). PSSPs are companies appointed by government to collect TSA payments from ministries departments and agencies (MDAs).

As at today, payer has to initiate payment from the receiving agencies portal. The way to initiate is to get register or enrolled in the receiving agencies portal.

Requirement to Sign Up for E-Collection/TSA Platform

For E-Collection platform to be effective, these requirements are essential:

a. Provide Tax Identification Number (TIN) and certificate

b. Attached company documents like Corporate Affairs Commission (CAC) Certificate

c. Wait for account to be approved by the receiving agencies

Then, payer cab initiate payment from payer personal account in the receiving agencies portal

Payer will automatically transfer to TSA portal from the receiving agencies portal, for instance Remita

4. Time to Initiate Payment

Payer can only initiate Payment into TSA only when step 3 is being completed.

5. Stakeholders

The addition of Etranzact, Interswitch to join SystemSpec (the operator of Remita) to collect government revenue. SystemSpec has acted as a sole PSSPS appointed by government to collect TSA payments from MDAs.

6. Electronic Payment Companies

The main electronic payment companies involved in TSA increased to four companies. They are Etranzact, Interswitch, SystemSpec and Nigeria Interbank settlement System (NIBSS).

Therefore, NIBBS ensures that all the relevant stakeholders comply with the framework and also communicate collection codes for remittance to PSSPs.

Conclusion

Ogbonna and Ojeaburu (2015) in their study recommended among others, that the government should strengthen Government Integrated Financial Management Information System (GIFMIS) module. Also, cover other area of interest in the national budget to achieve economic development. Moreover, more need to be done to ensure E-Collection are active in all MDAs.

for more information about e-collection

References

Aderinokun,K.Onwuamaeze. D. & Emejo,J.  (2020). CBN Unveils New Pricing Template for TSA Collections. THISDAYLIVE.

Ogbonna, G,N & Ojeaburu, F (2015). The Impact of Government Integrated Financial Management Information System (GIFMIS) on Economic Development of Nigeria. West African Journal of Businessnand Management Sciences, 4(1). 313-336. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3363159.

The role of a forensic accountants in Alternative Dispute Resolution (ADR)

Some forensic accountants choose to specialise in Alternative Dispute Resolution (ADR) due to their familiarity with both finances and the legal system. Business litigation can be a very expensive and costly. Generally, opposing attorneys will fight vigorously for their clients. When forensic accountants are engaged as EXPERT WITNESSES in business litigation, such fighting can drive up the cost of the expert witnesses and drive down the understanding of the forensic accountant’s work and, therefore, the client’s satisfaction with the forensic accountant.

In a typical business litigation scenario, the opposing attorneys may fight against providing information which the forensic accountant has requested in order to calculate damages or to perform a business valuation. Depending on the amount of rancor between the parties and level of antagonistic determination between the attorneys.

There are times he may have to perform the damage calculation or business valuation without all the relevant information he believes is necessary. In the absence of such information, the forensic accountant may have to make reasonable assumptions regarding the missing information. If there are differing assumptions by each side’s expert witness, significant differences in damage calculation or business valuation amounts may result.

In such situations, the parties often may expend significant time and incur significant costs in using these forensic accounting experts. Especially when there are significant differences of opinion between the two expert witnesses, the experts’ fees and attorney fees can be even higher. Both parties also may come away with confusion and misunderstanding regarding how the relevant damage amount or business’s value was determined.

This is because they may only speak with the expert retained by their attorney and must rely upon the deposition and/or courtroom testimony of the opposing expert without being able to ask their own questions. The use of alternate dispute resolution – such as mediation, arbitration, and negotiation – not only can reduce the cost of traditional business litigation, but also can help eliminate the uncertainty that comes from leaving the resolution of the dispute up to the Courts (judge or jury).

Examples of disputes that are prime candidates for alternate dispute resolution includes:
• Business contract disputes
• Shareholder/partner disputes
• Employee termination disputes
• Insurance claims
• Royalty payment disputes
• Patent/trademark disputes
• Business merger and acquisition
• Local disputes,
• Global disputes,

How the role of the forensic accounting expert differ in Alternate Dispute Resolution (ADR)
• First, the forensic accounting expert can be jointly retained by both parties as opposed to by just one party in traditional business litigation.

• Next, because of the joint retention of the forensic accounting expert, both parties are more cooperative and better able to share all the necessary information needed by the forensic accounting expert. Thus, there is also usually less of a need to make assumptions.

• Finally, the expert witness report can be openly reviewed with both parties. Because this is a joint retention, the forensic accounting expert can be more open and informative with both parties and stand ready to fully answer either party’s questions. This helps to eliminate confusion and lack of understanding regarding the damage calculation or business valuation and the forensic accounting expert’s process.

• Additionally, the cost for the forensic accounting expert will be less, because only one expert is retained instead of two, and because the cost of depositions and/or courtroom testimony can be eliminated.

The Role of the Forensic Accountant In Mediation
A forensic accountant has a number of possible roles to play, which are discussed below.

Expert Accountant acting as a Mediator.
Accountants may play a role in a dispute by acting as a mediator. For example, disputes involving business valuations, application of technical accounting standards or which require business acumen and experience in a particular industry or sector may benefit from having a mediator with the requisite expertise in these areas.

The Forensic Accountant’s role in calculating damages and attending the Mediation.
In complex commercial disputes requiring an expert opinion on the quantum of damages, for example in a case whereby one party may have suffered a loss of profits following a breach of contract by another party, a forensic accountant may be retained as an independent expert to provide an independent assessment of the amount in dispute. In such a case the forensic accountant may be requested to prepare an expert report, attend a meeting of experts with an opposing expert, or advise their client on a range of their potential losses depending on a number of factors or assumptions. In mediation, the forensic accountant can provide a similar role, assisting a mediator in dealing with and understanding complex financial issues.

Forensic accountant role to serve as appointed receiver or monitor

Forensic accountant role as Consulting or testifying expert

Forensic accountant role as impartial neutral with specialized expertise

Forensic accountant role as Advisor to party during mediation

Conclusion
The philosophy behind Alternative Dispute Resolution is to ensure that parties involve resolve their dispute without anyone of them feel aggrieved. ADR is a good mechanism to resolve disputes among individual and organisation both local and international level. The presenter believes and suggests to us that all avenues available within ADR be explored fully before approaching the court. Even now that so many cases are queuing in the court without definite date of conclusion, is an issue that need immediate action by the government.

Ojeaburu Friday Msc, ACA, PhD (in view)