REGULATION | Nigerian Financial Regulator, EFCC, Intensifies Crackdown Against Unlicensed Crypto Platforms with Latest Afriq Arbitrage Suit

The EFCC accused the company of operating in the specialized field of financial services, including investment management, without holding a valid license.

The Nigeria Economic and Financial Crimes Commission (EFCC) has brought charges against cryptocurrency trading platform, Afriq Arbitrage System (AAS), and its CEO, Jesam Michael, for allegedly committing investment fraud totaling $844,416.36, $10,000, and ₦590 million.

EFCC claims that between September 2022 and June 2023 in Abuja, Nigeria, Michael and his company, without being a licensed bank or authorized financial institution, solicited the public through advertisements to deposit money with Afriq Arbitrage System Limited.

 

The charge sheet includes the following allegation against the defendants:

“That you, JESAM MICHAEL UBI, and AFRIQ ARBITRAGE SYSTEM LIMITED, sometime in 2022 in Abuja, with intent to defraud, induced Ladi Musa Audu to deposit the sum of $844,416.36 USDT into the Afriq Arbitrage System investment scheme, under the false representation that the investment was safe and refundable upon request.

You knew this representation to be false, thereby committing an offence contrary to Section 1(2) of the Advance Fee Fraud and Other Related Offences Act No. 14 of 2006 and punishable under Section 1(3) of the same Act.” 

 

According to the Commission, this act violates Section 44(1) of the Banks and Other Financial Institutions Act, 2020, and is subject to penalties under the same law.

The EFCC also accused Michael and his company of operating in the specialized field of financial services, including investment management without holding a valid license.

In August 2024, Nigeria’s Securities Exchange Commission began issuing operating licenses to companies dealing in digital assets. The commission chief warned that authorities will be taking action on entities operating outside of its regulatory purview.


However, it is now more than 7 months since more licenses were awarded to crypto firms in the country. SEC Director, General Emomotimi Agama, recently indicated the reason for the delay is due to the need for further due diligence.


As reported by BitKE, Agama pointed out that there are still shortcomings and challenges in the due diligence process for startups. He emphasized that SEC Nigeria is not the sole regulator of Nigeria’s cryptocurrency sector.

The commission is collaborating with other key agencies, including:

  • The Economic and Financial Crimes Commission (EFCC)
  • The Nigerian Financial Intelligence Unit (NFIU), and
  • The Office of the National Security Adviser (ONSA)

all of which have their own independent procedures beyond the SEC’s control, he revealed.

Numerous startups that applied under the ARIP framework in June 2024 remain in ongoing discussions with the regulator to clarify compliance expectations and enhance consumer protection measures.


This isn’t the first time the EFCC has taken action against unlicensed cryptocurrency firms, as it has stepped up its crackdown in recent months.

BitKE has consistently reported on compliance violations and penalties imposed on violating entities:

  • In October 2024, two crypto firms, Paparaxy Global Ventures Limited and Lemskin Technologies Limited forfeited,  N160,000,000 (~$97,500) to the federal government after being convicted for providing $USDT to Naira exchanges without valid licenses.


 

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