A witness, Abdulkadir Abbas, told the Federal High Court that Binance’s activities did not conform to the Security and Exchange Commission, extant law as stipulated.
This was contained in a statement issued by the Economic and Financial Crimes Commission on its website on Wednesday.
Binance Holdings Limited and its Executive Officer, Tigran Gambaryan, are being tried on a five-count charge bordering on alleged tax evasion, currency speculation and money laundering to $34,400,000.
At the resumed proceedings on Tuesday, Abbas who is the prosecution witness, said no activities of any virtual assets provider or digital assets services were captured by the Security and Exchange Commission’s regulatory Act of 2007.
“The activities of any virtual assets provider or digital assets services not captured by the Security and Exchange Commission’s regulatory Act of 2007 and any provider that didn’t pay any registration fee to the regulatory body before starting its operation in the country is not under the regulation of the SEC.
“The SEC makes provisions for any company wanting to engage in digital assets services to register with the body before it can commence operation in the country.”
The witness also explained that the Commission requires processing, application and registration fees before the application of any entity is considered, confirming that a similar process applies to both virtual and non-virtual platform entities.
Asked whether there is a provision for application, registration and processing fees to Virtual Asset Services providers, Abbas said yes but added that there was no provision for application or registration fees for any Digital Asset Offering Platforms, saying it is a generic term.
“SEC approved rules on Virtual Asset in 2022, and the rules provide for registration requirements of Digital Asset Offering Platforms (DAOP), Digital Assets Exchanges (DAE), and Digital Assets Custodian (DEC).
“Each one has its own registration requirements, for instance, there is a provision for filing a fee for either Digital Assets exchange or Digital Assets Offering Platform,” he said.
When asked if there’s a provision for minimum trade capital, Abbas said, “Yes, there is N500 million, which is provided for minimum trade capital for either Digital Asset Offering Platform (DAOP) or Digital Assets Exchanges (DAE).”
Abbas stated that the SEC is mandated to make rules and regulations in proportion to the Investment and Security Act and that the rule is meant to govern the capital market stating that the whole essence is to regulate the capital market.
When probed about his proficiency and expertise in digital asset activities, he stated that he knew digital asset activities to the best of his understanding.
“I know digital Assets to the best of my understanding and I know the context of what the rules provide for the registration of these entities,” he said.
On why there is no registration for Virtual Assets Service providers in the rule, Abbas said the rule made provision for registration, which is a general requirement for Virtual Assets providers but within the Virtual Assets Service providers, there are different functions.
He said, “You can either come and apply as a Digital Asset Offering Platform (DAOP), or seek registration as Digital Assets Exchanges (DAE), or Digital Assets Custodian (DAC), and that is why in that sense, we provided for registration and filing fees for those specific functions but we did not provide fees for Virtual Assets Service providers because it’s generic.”
On Monday, the second defence counsel, Mark Mordi, argued that the SEC’s Investment and Security Act of 2007 which is the governing law of the SEC, didn’t provide for crypto-currency Assets or Virtual Assets.
The witness explained that under the definition of securities, Section 315, virtual Assets are adequately covered under item D of that Section, stressing that the SEC issued a regulation and requested all those Digital Assets Service providers or Virtual Assets service providers that are performing any kind of function which is investment and Security business in Nigeria, should go and register with SEC.
On why the SEC is providing for Virtual Assets now, the prosecution witness said because of the dynamism of the market, the SEC is trying to provide more details to the existing law, which is the Investment Security Act.
he stated that the SEC also issued guidelines on what the commission called an accelerated regulatory incubation programme, adding that it clearly spelt out the type of functions that one is carrying out.
“If you are issuing Digital Asset of Virtual Assets or if you are trading crypto-currency as security, as defined in our law or in the guideline, you will be regulated by SEC,” he said.