Luxury cruise leads to legal showdown

A Thai luxury property developer and a socialite fashion designer are feuding in court over a luxury ‘lifestyle experience’ cruise that the developer says did not live up to its expectations for marketing exposure.

Reignwood Holding has filed a civil lawsuit against Vatanika Group, the company founded by the fashion designer and social media personality Vatanika Patamasingh Na Ayudhya, seeking 21.8 million baht for alleged breach of contract linked to the luxury experiential travel venture.

The dispute centres on the Equilibrium Trip, a project proposed by Vatanika Group in March as a luxury lifestyle experience combining travel, wellness and leisure for VIP clients.

Vatanika Patamasingh Na Ayudhya. (Photo: Lotus Arts de Vivre)

Vatanika Patamasingh Na Ayudhya. (Photo: Lotus Arts de Vivre)

According to the plaintiff’s account cited in the court filing on July 9, Reignwood agreed to participate as a principal sponsor and paid 9 million baht under a contract signed on April 12. The agreement allowed Reignwood and companies within its group to showcase their products, services and trademarks during the programme.

Reignwood Group is best known for Reignwood Park, a 2,000-rai mixed-use development in Pathum Thani where luxury residences can cost up to 300 million baht. An international school and golf course are also on the site.

Founded by Chinese-Thai billionaire Chanchai Ruayrungruang, Reignwood also has high-end property projects in the UK and China.

The company’s lawsuit claims that the invitation-only Equilibrium Trip was also designed to use the Sea Bear, a luxury yacht operated by Reignwood, with Vatanika Group responsible for managing the experience for selected VIP guests. The itinerary was to involve two yachts and accommodation at five-star hotels or above.

Reignwood alleges that several conditions of the agreement were not fulfilled during the first trip.

Among the claims are that products from businesses competing with those of the sponsor were included, while Reignwood’s branding was either not displayed or was not given sufficient prominence.

The company also alleges that the event did not deliver the experience outlined in the agreement and that its management fell below the expected standard. Ms Vatanika, who was described as the project’s principal organiser, spent only about 30 minutes aboard the Sea Bear during the event, it said.

Following the first cruise, Reignwood said it terminated the agreement and subsequently sought compensation. It said it had attempted to resolve the dispute through negotiations before turning to the court.

Woraphanit Ruayrungruang, CEO of Reignwood Group. (Photo: Government House)

Woraphanit Ruayrungruang, CEO of Reignwood Group. (Photo: Government House)

The collaboration between the two companies had initially been presented as an extension of Reignwood’s lifestyle philosophy. In May, Reignwood Park described Equilibrium by Vatanika as an experiential lifestyle platform built around the idea of balancing enjoyment and wellbeing.

Vatanika Group has disputed the allegations.

In a statement dated on Sept 16 and posted through Vatanika’s social media channels the following day, the company said the allegations that it had breached the contract had no basis and that it had appointed lawyers to defend its position in court. The company also said it had filed counterclaims for damages.

The Infrastructure Of Resilience: Why Africa’s Climate Future Is An Engineering Problem We Are Failing To Solve

Africa contributes less than four per cent of global greenhouse gas emissions. Yet when the effects of climate change are felt, the continent often pays a disproportionate price through the loss of lives, livelihoods, and critical infrastructure.

Ghana has experienced the devastating consequences of inadequate infrastructure firsthand. The June 3, 2015 floods and fire disaster in Accra claimed more than 150 lives and exposed serious weaknesses in the city’s drainage and urban planning systems. The disaster also raised difficult questions about the adequacy of drainage infrastructure, urban planning and engineering systems in the capital.

As the world intensifies efforts to address climate change, much of the convention focuses on reducing emissions. For Africa, however, adaptation must receive equal attention. The continent needs infrastructure capable of withstanding the effects of climate change that are already being experienced. We must build the infrastructure of resilience: climate-adaptive cities, renewable energy grids, clean water systems, sustainable transport, and food security systems that can withstand the pressures already upon us. Every single one of those is an engineering challenge.

Yet we continue to produce engineers who are not equipped to solve them. We are not educating them in a way that connects their technical training to the realities of the continent they are supposed to serve. If we are serious about Africa’s global relevance and climate accountability, we must confront a deeply uncomfortable truth: Africa’s development cannot be separated from engineering. Yet, the way engineering is taught does not always equip graduates to respond to the continent’s most pressing challenges.

Where Engineering Education Falls Short

‘We are not educating our youth to solve our problems!’ This statement by Prof Fred Mcbagonluri, President of Academic City University, captures a growing concern about the gap between what engineering education produces and what African societies need.

Across much of Africa, engineering education has traditionally focused on applying established solutions. While that knowledge remains important, today’s engineers must also be able to identify unfamiliar problems, understand their social context, and develop practical solutions. They can apply formulae flawlessly.

Yet, many struggle to connect those formulae to the sociological realities of a community without clean water, the ethical dimensions of a procurement decision that affects public safety, or the human factors in a digital system designed for users who have never interacted with technology before. This is not a failure of intelligence. It is a failure of how the discipline is designed and taught.

Consider the entry requirements for engineering programmes in Ghana. They are tight, competitive, and designed to filter. Such requirements can create the impression that only students with exceptional Senior High School grades can succeed in engineering. Yet academic performance at this stage does not always reflect a student’s potential to become a competent engineer. What that assumption misses is that a well-structured introductory engineering education can bring far more students into the pipeline than our current system allows. The gate should be rigorous competence, not prior privilege.

The engineers who will one day design and build flood-resilient drainage systems for communities in Accra, develop affordable solar microgrids for rural areas in the Northern Region, or turn agricultural waste in the Ashanti Region may already be among today’s students. They may be students with low grades in Elective Mathematics or Physics. We are selecting for a narrow band of prior achievement and then wondering why our engineering talent pool is insufficient to meet our massive infrastructure deficit.

What Engineering Education Should Deliver

Real engineering problems, from climate adaptation to digital infrastructure, do not respect disciplinary boundaries. A good engineering education must reflect this reality. It must scaffold learning, building from guided exploration to collaborative application to independent mastery. It must be grounded in context, using case studies and problems that are recognisable and meaningful to the students being taught.

In an African context, engineering ethics cannot be a standalone module to be endured; it must be the lens through which every design decision is examined. Engineering students should study landmark international cases such as the Challenger disaster and the Tacoma Narrows Bridge. But they should examine African experiences including June 3 floods in Accra, Cape Town’s water crises and the use of drones to deliver medical supplies in Ghana. Our students need to see that engineering failure and engineering innovation both happen across this continent, in conditions they recognise, with consequences that affect people like them.

These ideas also inform a textbook I am co-authoring with Professor McBagonluri, An Introduction to Engineering: A Project-Based Approach, which seeks to introduce students to engineering through practical projects and real-world problems, particularly within the African context.

Preparing Engineers for Africa’s Future

There is a recurring conversation in education policy circles about ‘training for the jobs of the future.’ It is usually framed around digital skills, artificial intelligence, and data literacy. These are real and important. But they are not sufficient.

The jobs that Africa needs over the next quarter century will not be limited to digital technologies. The continent will need people capable of designing and building power plants, water treatment facilities, road networks, hospitals, affordable housing, irrigation systems, ports, and manufacturing facilities.

These are the foundations of an economy capable of adding value to Africa’s resources rather than exporting raw materials and importing finished products.

Engineering is central to many of Africa’s development priorities. You cannot have a digital economy without electrical and computer engineers. You cannot have an energy transition without mechanical, chemical, and environmental engineers. You cannot have climate resilience without civil, environmental, and systems engineers. You cannot have trade and regional integration without the logistics, transport, and manufacturing infrastructure that engineers design and build.

When done right, engineering education provides a transferable way of thinking: problem framing, systems thinking, evidence-based decision-making, ethical reasoning, and the discipline to iterate until a solution actually works. These habits of mind are exactly what our public and private sectors need, not just in engineering roles, but in policy, governance, and business leadership.

The Urgency of Now

The urgency is clear. Climate Change will not wait. Neither will Africa’s infrastructure needs or the aspiration of its young population. The demographic dividend of Africa’s young population does not wait. Every year that we train engineers who are not equipped to solve African problems, and every year that we exclude capable students from engineering pathways because our entry systems are too narrow, is a year we cannot recover.

Africa’s development and industrialisation will depend, in part, on the quality of its engineers. That means rethinking how engineering is taught, connecting technical knowledge with the realities of African communities and giving students opportunities to solve real problems from the beginning of their education.

The challenge is not simply to produce engineers. It is to produce engineers equipped to build the resilient, innovative and industrialised Africa the continent needs.

CRICKET-CPL-TOSS/TEAMS Antigua & Barbuda Falcons win toss, fielding vs Guyana Amazon Warriors – Qualifier 1

The Antigua and Barbuda Falcons elected to field after winning the toss against the Guyana Amazon Warriors in the Republic Bank Caribbean Premier League Qualifier 1 at Kensington Oval here on Thursday.

SQUADS

Antigua and Barbuda Falcons: Evin Lewis, Rahkeem Cornwall, Amir Jangoo (wk), Hasan Nawaz, Moeen Ali (capt), Shadab Khan, Fabian Allen, Shamar Springer, Joshua James, Sufyan Moqim, Alzarri Joseph

Guyana Amazon Warriors: Mavendra Dindyal, Glenn Phillips, Shai Hope (wk), Shimron Hetmyer, Mohammad Haris, Quentin Sampson, Mehidy Hasan Miraz, Romario Shepherd, Shamar Joseph, Khary Pierre, Imran Tahir (capt)

Umpires: Gregory Brathwaite, Leslie Reifer

TV Umpire: Christopher Taylor

Reserve Umpire: Deighton Butler

Match Referee: Reon King

Oando gets shareholders approval for cross-border listings

A favourable resolution was given by shareholders at the 47th Annual General Meeting (AGM) of Oando Plc authorising the directors to effect the listing of the Company’s shares on other stock exchange(s) as they may deem fit (including cross-border listings).

The shareholders authorised the directors take all such steps, execute all such documents, and do all such things as may be necessary or expedient to give effect to and ensure full compliance with the listing requirements of any such stock exchange, subject to obtaining any regulatory approvals required under applicable law.

Also, at the meeting held on Thursday September 17, the shareholders received and approved the 2025 audited financial statements. The shareholders approved among others the amendment of the memorandum and articles of association of the company.

Oando Plc is listed on Nigerian Exchange Limited (NGX) with secondary listing on Johannesburg Stock Exchange (JSE), historically making history as the first African company to achieve a cross-border inward listing on the JSE back in 2005.

The company’s newest move is designed to enhance stock liquidity, optimise shareholder value, and provide seamless access for international investors as the energy group scales its operations.

‘Oando delivered a constructive H1 2026. The enlarged upstream asset base built around OMLs 60-63 is now converting into earnings and cash rather than simply adding volume. Revenue grew 19.9 percent year-on-year to N2.063trillion, led by a 28.7 percent rise in Exploration and Production revenue and a firmer price environment, with average realised crude at $79.22/bbl (up 19 percent) and gas at $1.78/Mscf (up 8 percent).

‘Gross profit rose 331 percent year-on-year to N101.2billion, lifting the gross margin by 354 basis points to 4.9 percent, and the Group swung from an operating loss of N158.7billion in H1 2025 to an operating profit of N127.8billion in H1 2026, the clearest evidence yet that the post-acquisition asset base is cash-generative.

‘Supply and Trading remained the Group’s dominant revenue source at N1.717 trillion, or 83.2 percent of external revenue, while Exploration and Production contributed N344.2billion, or 16.7 percent. Operating cash flow swung from an outflow of N357.5billion to an inflow of N110.0bilion over the same period,’ Coronation Research analysts said in their August 14 note on Oando’s half year (H1) performance.

While noting that financing costs are consuming most of what Oando Plc business generates, Coronation Research said, ‘Management’s N200bilion Rights Issue and $1.5billion multi-instrument issuance programme, both explicitly designed to substitute equity for debt, are the key catalysts to watch from here, and are likely to matter more to the share price over the next two quarters than the operating print itself’.

Nigeria faces fresh food supply squeeze as northern harvest outlook weakens

Nigeria’s food-security outlook could come under renewed pressure as the 2026 harvest approaches, with reduced cultivation, insecurity, high input costs and climate variability threatening the volume of staples expected from northern Nigeria.

The development could prolong pressure on food prices and household purchasing power if the expected harvest fails to generate sufficient supplies to replenish markets after the lean season.

The United States Department of Agriculture’s Foreign Agricultural Service (USDA-FAS) has projected Nigeria’s 2026/27 rice production at 8.3 million tonnes, representing a six percent decline from 8.8 million tonnes in 2025/26. Rice cultivation is also forecast to fall seven percent to 4.2 million hectares.

The pressure is not limited to rice. FAS projects Nigeria’s maize production at 10.9 million tonnes in 2026/27, five percent below the previous year, with harvested area expected to decline by eight percent to 4.8 million hectares. It attributed the maize outlook largely to high input costs and declining farmgate prices.

The agency also forecasts that Nigeria’s wheat output will remain extremely small relative to domestic requirements. Local production is projected at only 140,000 tonnes in 2026/27, while wheat imports are expected to rise to 7.2 million tonnes to meet consumption estimated at 6.8 million tonnes.

For a country increasingly dependent on northern production to supply its major food markets, the projections raise concerns about the ability of the 2026 harvest to deliver a substantial reduction in food prices.

Ubale Sani, an agricultural extensionist and researcher in the Department of Agricultural Economics and Extension, Bayero University, Kano, said the performance of northern agriculture would remain critical to Nigeria’s food-security prospects because the region’s production is being constrained by a combination of insecurity, high production costs, inadequate infrastructure and climate variability.

Sani’s assessment of the northern rice sector points to structural constraints that extend beyond the amount of land available for cultivation. High input prices, poor rural infrastructure and unreliable irrigation systems are limiting farmers’ capacity to raise output and close Nigeria’s food-production gap.

The concerns come against recent claims by Ahmed Maiyaki, Kaduna State Commissioner for Information and Culture, that the state government has recovered more than 500,000 hectares of farmland previously controlled by bandits.

Maiyaki disclosed the figure during the annual retreat of the Kano Correspondents’ Chapel in Kaduna, saying the recovery had enabled farmers who had abandoned their farms because of insecurity to return to cultivation.

He said the recovery was achieved through a combination of security operations, community-based initiatives, early-warning systems and engagement with traditional and religious leaders.

According to him, farmers who had been unable to access their fields for years had returned to cultivation, particularly in areas including Birnin Gwari, Chikun and Kachia.

Maiyaki also said the Kaduna government distributed 500 trucks of fertiliser to more than 150,000 smallholder farmers during the 2026 farming season. The state government separately confirmed the distribution of 500 trucks of fertiliser and tractors to 150,000 farmers across its 23 local government areas.

The Kaduna development suggests that restoring access to farmland can expand the area available for cultivation. However, agricultural experts say access to land alone may not translate into higher food production where farmers continue to face expensive fertiliser, fuel, labour, transportation and irrigation.

The wider food-security situation in northern Nigeria remains fragile.

FEWS NET has reported that sustained insecurity and rising input costs are driving Crisis-level food-security outcomes across northern Nigeria, with violence disrupting livelihoods, markets and agricultural activities. It identified states including Benue, Borno, Kaduna, Katsina, Kebbi, Kwara, Niger, Plateau, Sokoto and Zamfara among areas affected by insecurity and displacement.

In parts of the North-East, the consequences are more severe, with restricted movement preventing some households from accessing farms, markets and other sources of livelihood.

This means that even where farmland is technically available, farmers may still be unable to cultivate at scale if they cannot safely reach their fields, obtain inputs or move harvested crops to markets.

Climate conditions are adding to the uncertainty.

Farmers across northern states have had to contend with irregular rainfall, dry spells and high temperatures, while agricultural authorities have warned against premature planting following false or early rainfall.

Such weather disruptions can increase the risk of crop failure and make farmers more cautious about investing in costly inputs.

The cost of production is another major constraint.

FAS reported that the price of a 50-kilogram bag of fertiliser rose by about 50 percent between the previous planting seasons, while the cost of herbicides, fuel and labour also increased substantially. The resulting price-cost squeeze has reduced farmers’ ability to expand cultivation.

For maize farmers, the situation is complicated by declining farmgate prices. FAS said maize prices had fallen sharply from their previous highs, leaving producers caught between elevated production expenses and weaker returns.

The implications extend beyond farm households.

A weaker northern harvest could reduce supplies reaching major grain markets, increase competition among millers and processors and place additional pressure on food prices, particularly if demand continues to rise.

Nigeria’s wheat position illustrates the wider vulnerability of the food system. FAS expects domestic wheat production of only 140,000 tonnes against imports of 7.2 million tonnes, reflecting the country’s continued dependence on external supplies for bread, noodles, pasta and other flour-based foods.

The pressure is also coming at a time when Nigeria’s population and urban food demand continue to grow.

FAS expects rice consumption to rise to nine million tonnes in 2026/27, even as domestic production falls to 8.3 million tonnes, leaving imports to help bridge the gap.

The emerging picture therefore presents a paradox for the 2026 farming season: more farmland may be returning to production in some areas, yet national output can still weaken if productivity, security, input affordability and market access do not improve simultaneously.

For northern Nigeria, where millions of smallholder farmers depend on seasonal agriculture, the outcome of the harvest will depend not only on how much land is cultivated but also on how much food is ultimately produced per hectare and successfully transported to consumers.

Sani said addressing these structural constraints would be crucial to unlocking the region’s agricultural potential and narrowing Nigeria’s food-production deficit.

The federal and state governments have expanded agricultural interventions, including fertiliser distribution and programmes targeting rice, sorghum, millet, maize, wheat and soybeans.

But the 2026 harvest will provide a more practical test of those interventions: whether increased public spending and restored access to farmland can translate into higher yields, lower production costs and larger volumes of food reaching Nigerian markets.

Without corresponding improvements in security, irrigation, rural roads, storage, input affordability and market access, the recovery of farmland alone may not be enough to reverse the food-supply pressures facing the country.

Undersea art museum to open

Phuket: Asia’s first underwater art museum will open in this southern resort province, with the RAYA Underwater Art Museum expected to create a new diving attraction while helping reduce pressure on natural coral reefs.

Pinsak Suraswadi, director-general of the Department of Marine and Coastal Resources (DMCR), and his delegation recently inspected progress on the underwater sculptures at a factory in Phuket’s Thalang district.

“The project is described as a new dimension in creative tourism and will be the first underwater art museum in Asia and the third in the world, after those in Australia and Mexico,” Mr Pinsak said. It would position Phuket as a world art and culture destination and attract divers and quality tourists from around the world, helping distribute tourism revenue and generate sustainable economic value for Thailand.

Mr Pinsak said the project would help promote sustainable marine tourism as large numbers of visitors dive around natural coral reefs, causing damage to marine resources.

Establishing a distinctive new diving site would help ease pressure on existing sites and reduce impacts on natural reefs, while creating a new marine tourism attraction and raising Thailand’s profile.

The underwater sculptures draw on the Thai epic Ramakien, specifically the episode “Chong Thanon”, which depicts the construction of a causeway across the sea using rocks.

The main sculptures include the demon king Thotsakan, standing 6 metres high and 8 metres wide; Phra Ram, the hero and central character of the Ramakien, standing 5.5 metres high; and a sculpture representing the rocks used to build the causeway.

All the sculptures have been designed and made from environmentally friendly materials to allow coral larvae to attach and grow on them, eventually creating habitats for marine life.

Engineers are assessing the designs to ensure the sculptures are suitable for the seabed and currents around the Raya Islands.

Open banking, closed courts? Liability and dispute dynamics in Nigeria’s API ecosystem

Open Banking refers to a framework that allows for the secure sharing of financial information through an Application Programming Interface (API), among authorised third-party developers.

Nigeria can be credited as one of the earliest African countries to formally regulate open banking through a central bank-driven framework and API standards as opposed to relying solely on industry-led initiatives. The regulatory journey formally commenced with the issuance of the Central Bank of Nigeria (CBN) Regulatory Framework for Open Banking in Nigeria in February 2021, which established the foundational principles, participant categorizations and API risk tiers. This was subsequently operationalised through the CBN’s Operational Guidelines for Open Banking in Nigeria 2023 (CBN Guidelines) which provide a firm foundation for participation, data governance and technical interoperability within an emerging ecosystem.

This article examines emerging liability hotspots within Nigeria’s open banking ecosystem, focusing on contractual privity in multi-party API relationships, responsibility for data breaches, and the adequacy of the existing dispute resolution mechanisms. It argues that while Nigeria has established a functional regulatory architecture for open banking, the liability and dispute resolution architecture remains underdeveloped, which leaves significant uncertainty and risks for banks, FinTech firms and end-users alike.

In a multi-party API system in Open Banking, privity of contract works as a tripartite relationship between the bank (financial institution or API Provider), the third-party service provider (the API Consumer) and the user (the Customer).

The user must consent before any third-party data sharing can be done by the bank, and any third party data processing or control can be done by the third-party service provider. The bank and third-party service provider are limited to the extent of the consent given by the user and have a duty to process the user’s data in accordance with the Nigeria Data Protection Act.

For the bank and the third-party service provider, the contract is grounded in the ordinary principles of contract and contractual privity. The CBN Guidelines require both parties to be registered on the open banking Registry. They must also comply with defined responsibilities, including access rules, security standards, data ethics obligations, and consent management -requirements. The contract must clearly define each party’s obligations, permitted data uses, liability for breach, and termination rights, ensuring enforceable accountability while upholding customer permissioned data -sharing.

Data breach incidents: Responsibilities of the parties and possible defences

Under the CBN Guidelines, the bank and third-party service provider have a duty to implement measures to prevent a data breach. They are also mandated to develop a data breach policy. Where a breach occurs, the responsible parties (which can be either the bank or the third party service provider or both) must rely on their established data breach- policy to deal with the breach. The CBN Guidelines provide that such policy must be one that emphasises prevention, preparedness, structured assessment, and procedure to contain the breach. A data breach incident must also be promptly communicated to all relevant parties including the CBN, with a subsequent review to ascertain the underlying cause of the incident. The responsible party(ies) must promptly contain the incident, communicate with relevant parties, analyse root causes, and implement corrective measures. The bank and third-party provider must also ensure that there is strict adherence to the policy in the event of a data breach.

A data breach lawsuit would most likely be an action in tort based on the failure of the responsible party to protect the customer’s data. In the event of a data breach suit, the bank and third party may rely on the following possible defences depending on the nature of the suit:

i. Compliance with regulatory standards: The Responsible party may raise the defence and tender evidence that it complied with the relevant legislations such as the Central Bank of Nigeria Open Banking Guidelines, 2023, and the Nigeria Data Protection Act, 2023.

ii. Third-Party Liability: The bank can raise the defence that the data breach was caused by the third-party service provider.

iii. Customer negligence: The responsible party may raise the defence that customer negligence or carelessness with their data led to the data breach. The bank may also raise the defence of contributory negligence.

iv. Force majeure: An example of a force majeure is a sophisticated cybersecurity attack that bypassed industry-standard security measures.

Dispute resolution mechanisms: Arbitration clauses vs. CBN’S complaint channels

Under the CBN Operational Guidelines for Open Banking 2023, participants are mandated to incorporate formal dispute resolution procedures within their bilateral Service Level Agreemnents (SLAs), alongside providing clear complaint channels for end-users. In practice, banks and FinTechs routinely insert private arbitration clauses into these commercial SLAs, favouring arbitration for its confidentiality, speed and technical expertise. While arbitration provides an efficient bilateral forum, its utility across the broader Open Banking ecosystem is constrained by fundamental legal limitations.

First, end-users are not parties to inter-institutional SLAs and are therefore not bound by, nor can they benefit from arbitration clauses contained within bank-FinTech agreements under the doctrine of contractual privity. Secondly, API chains involve multiple distinct actors – banks, API aggregators, middleware providers and consumer facing FinTechs – operating under separate contractual frameworks. Despite the procedural mechanisms for joinder and consolidation introduced under Sections 39 and 40 of the Arbitration and Mediation Act 2023, arbitrating multi-party API failures across disconnected agreements remains procedurally complex. This is because joinder and consolidation generally still require consent or proof that all entities are bound by the same underlying arbitration agreement.

Importantly, the CBN Guidelines do not prescribe litigation, nor could any regulatory guidelines override the constitutional jurisdiction of Nigerian courts to adjudicate civil rights and commercial obligations. Litigation remains fully available to aggrieved institutional participants and consumers. However, traditional court litigation presents significant practical drawbacks in API disputes. Public court records risk exposing sensitive software architecture or operational vulnerabilities, while formal judicial proceedings are often ill-equipped for the rapid technical remediation required in automated financial rails.

As an alternative to private arbitration and court litigation, the CBN framework mandates internal grievance procedures and permits unresolved customer disputes to be escalated to the CBN Consumer Protection Department. However, while the Consumer Protection Department provides essential administrative oversight and consumer redress, its supervisory role is not designed to function as an adjudicatory court or arbitral tribunal capable of determining complex contractual damages, allocating multi-party tortious liability or enforcing cross-indemnities between institutional actors.

Indemnity clauses and risk redistribution

Open Banking transactions involve multiple parties – banks, FinTechs, API providers, infrastructure partners, and customers – often operating under separate but interconnected contracts.

Indemnity clauses therefore serve as a redistributor, allowing a party that is externally liable – whether to a customer or regulator – to shift financial responsibility internally to the actor whose conduct caused the loss. For example, where a bank reimburses a customer for an unauthorised debit traceable to a FinTech’s compromised API integration, the bank may rely on contractual indemnification to recover that loss.

Under Nigerian contract law, indemnity clauses are generally enforceable where clearly drafted and not contrary to public policy. However, courts interpret such provisions strictly. At the same time, overly expansive indemnities bear the risk of creating imbalance within the open banking ecosystem. Smaller FinTech participants may face disproportionate exposure, especially where losses stem from systemic or shared infrastructure failures beyond their exclusive control. The drafting challenge therefore lies in balancing effective risk allocation with commercial sustainability.

Limitation of liability and exposure management

While indemnities redistribute loss, limitation clauses define its outer boundary; typically limit aggregate liability, exclude indirect or consequential losses, and carve out exceptions for fraud, willful misconduct, or gross negligence. Such clauses cannot ordinarily exclude liability for fraud or deliberate wrongdoing, and their enforceability depends on clarity and proper incorporation.

However, tension arises where liability stems from statutory breach. The Nigeria Data Protection Act 2023 imposes mandatory obligations on data controllers and processors, and regulatory fines imposed for statutory non-compliance may not be easily neutralized through contractual limitation. Thus, while parties may allocate financial responsibility amongst one another, they cannot avoid regulatory accountability through their contracts. This distinction becomes particularly significant in disputes involving data breaches or systemic API failures.

Conclusion

Nigeria’s pioneer adoption of Open Banking under the regulatory stewardship of the CBN has established a commendable framework for financial solid regulatory and technical foundation for data sharing and FinTech innovation. However, as this article has demonstrated, a significant divergence remains between Nigeria’s advanced technical architecture and its legal and dispute resolution framework, the core vulnerabilities identified across this article include – the doctrine of contractual privity in multi-party API chains, the complex allocation of tortious liability during data breaches and the procedural limitations of existing dispute channels – reveal an ecosystem where systemic risks are easily shifted rather than effectively managed.

Left unaddressed, these structural gaps threaten to undermine institutional trust and slow the commercial adoption of open banking. Bridging this divide requires aligning private commercial arrangements with broader public regulatory objectives through a multi-pronged legal approach. Firstly, the CBN should issue supplemental regulatory guidance that explicitly defines statutory default rules for liability allocation and indemnification in common multi-party scenarios. Secondly, industry stakeholders must move away from fragmented bilateral dispute mechanisms toward a dedicated, institionalised Open Banking Dispute Resolution Panel capable of adjudicating complex, multi-party API claims. Finally, enhancing judicial familiarity with financial technology and data protection law through specialized judicial training will ensure that when open banking disputes reach court, judicial outcomes are technically sound and commercially sustainable.

Okechukwu Ekweanya, Partner; Nnaedozie Ajogwu and Victory Uhunmwangho, Associates – KENNA LP’s Technology, Media, and Telecommunications Practice Unit

The Legal Insights column by KENNA provides thought leadership on the legal and business issues shaping today’s commercial landscape.

Savannah Cement Sh4.5bn bank loan row escalates after Ndeta trial halt

A dispute between former shareholders and business partners of Savannah Cement over a controversial Sh4.5 billion bank loan has moved to the Court of Appeal.

Savannah Heights Limited and businessman John Gachanga Kaiganaine have challenged a High Court decision that halted the criminal prosecution of Benson Sande Ndeta over alleged fraud in the contested loan tapped from Absa Bank.

Mr Ndeta, Mr Kaiganaine and businessman Donald Kiboro Mwaura were directors of Savannah Heights Limited, which was a major shareholder of Savannah Cement Ltd before it collapsed in 2022.

The notice of appeal challenges the entire judgment delivered by the High Court on September 7, 2026, which declared Mr Ndeta’s prosecution unlawful, null and void and barred further proceedings arising from the disputed bank loan and corporate transactions.

The appeal keeps alive a dispute that began inside Savannah Cement, once a key player in the construction industry before it was placed under administration in November 2022 with debts exceeding Sh14 billion.

Mr Ndeta was charged alongside Mr Charles Hill Jr over allegations that they used forged corporate documents, guarantees and board resolutions to obtain a $35 million (Sh4.5 billion) facility from Absa Bank Kenya in 2017 and 2018.

Prosecutors alleged that the two presented themselves as authorised representatives of Savannah Cement when securing the financing.

Mr Ndeta denied the allegations and challenged the prosecution, arguing that the criminal case was being used to settle a shareholder and corporate control dispute. He maintained that the validity of the borrowing arrangements had already been addressed in related civil proceedings.

The judge found that an earlier commercial court decision had upheld the resolutions authorising the Absa borrowing. The court held that allowing the criminal case to proceed would require the trial court to revisit issues that the High Court had already determined.

The court also faulted the Director of Public Prosecutions for failing to consider material that could have supported Ndeta’s defence, including Absa’s confirmation that the loan had been legally offered and accepted.

‘If the borrowing resolutions were valid, it is difficult to see how the Petitioner can be criminally liable for obtaining credit by false pretence or for forging minutes that were, according to a competent court of concurrent jurisdiction, valid,’ the court said.

But Savannah Heights and Kaiganaine dispute that reasoning. They argue the commercial case concerned corporate resolutions, not criminal offences.

They say a valid borrowing resolution does not automatically rule out the possibility that unauthorised documents were later used or false representations made during the loan process. They maintained that the bank’s confirmation of the loan did not conclusively negate internal fraud or forgery.

They also argued that the Constitutional Court should not assess evidence belonging before the criminal trial court. They maintained that the DPP enjoys constitutional independence and that prosecution should only be stopped where clear illegality, abuse of process or rights violations are demonstrated.

Another argument is that some findings relied upon by the court concerned attendance at a meeting linked to a Kenya Commercial Bank loan facility, rather than the Absa transaction forming the basis of the criminal charges.

The dispute also involves another partner, Mr Mwaura, who alleges that Mr Hill lacked authority to act for Savannah Heights after a contested share purchase arrangement collapsed.

Mr Mwaura says the disputed documents exposed the company and its directors to liability for the loan.

Savannah Cement was acquired in August 2025 by Mombasa Maize Millers, Kitui Flour Mills and Eldoret Grains Limited. The investors renamed the business Savannah Cement 2025 Limited. The cement manufacturer is based in Athi River.

Savannah Heights Limited was one of Savannah Cement’s shareholders. It nominated three directors to Savannah Cement’s board, including Mr Kaiganaine, Mr Mwaura and Mr Ndeta.

The Court of Appeal is expected to determine whether the High Court correctly stopped the prosecution or improperly prevented criminal allegations from being tested at trial.

SITA launches new border processing solution

SITA has launched SITA Border Flow Lane, a new border processing solution that turns immigration from a stop-and-check process into a pre-clearance, move-through experience.

The Border Flow Lane is expected to turn years of progress in traveller data and intelligence into a new border experience

With the new development, the future of border control no longer has to happen at the border. It is a new border processing solution that turns border control from a stop-and-check process into a data-driven, pre-clearance and move-through experience. Instead of stopping at a gate, kiosk, or officer checkpoint to present a passport, travellers are verified before they depart and upon arrival, as they move through the immigration hall.

For decades, border agencies have invested in technologies that answer three fundamental questions earlier and with greater certainty: Can this person travel? Who are they? What does their journey tell us?

Today, more is known about a traveller before they board a flight than at any point in history. The question is no longer whether border authorities have the information they need to take the right decisions. The question is: if those decisions can already be made before a traveller arrives, why should every traveller still have to stop and present documents at the border?

The result is border clearance up to eight times faster than traditional border control eGates, helping trusted travellers keep moving while allowing border officers to focus on the cases that need closer attention.

Border Flow Lane is the latest innovation, resulting from our decades of experience helping governments use quality passenger data and intelligence earlier in the journey. It transforms years of progress in digital border management, enabling a new operational model where border decisions increasingly happen before arrival, making physical stops the exception rather than the rule.

‘The aviation industry cannot build its way out of every capacity challenge,’ said Pedro Alves, senior vice president of Borders at SITA. ‘Traveller demand changes constantly, but airport infrastructure doesn’t. The opportunity is to make better decisions before travellers arrive, helping trusted travellers keep moving while creating more capacity from the infrastructure already in place. Stopping becomes the exception, not the rule.’

For border officers, that changes where their attention is needed. More than 75% of travellers can be cleared before departure, so officers spend their time on the important cases that need a closer look. They keep the ability to stop anyone at any point, with a fuller picture of who is arriving and why.

For airports and border agencies, it creates capacity in a different way. Every traveller who keeps moving instead of stopping frees up space for the next traveller. More travellers can move through existing immigration halls, reducing pressure on infrastructure and helping airports accommodate growth within the space they already have.

The operational impact extends beyond faster processing. Border Flow Lane is designed to improve throughput without compromising security, privacy, traveller choice or government oversight. Travellers choose to enroll and use authorised biometric data, while border agencies retain full control of identity verification and border decisions. We make sure efficiency does not come at the expense of trust.

Two laws, One Test: What Ghana’s Data Tell Us About Turning Gender-Rights Wins Into Everyday Reality

Ghana has had a good year for women’s rights on paper. On July 30, 2026, Parliament ratified the African Union (AU) Convention on Ending Violence Against Women and Girls (CEVAWG), making Ghana the second AU member state, after The Gambia, to do so.

It’s the continent’s first legally binding treaty dedicated exclusively to ending violence against women and girls, obligating states to criminalise Gender-Based Violence (GBV), fund victim support, and collect the kind of evidence needed to actually address the problem rather than guess at it.

That ratification lands exactly two years after another major gender-rights milestone for Ghana: The Affirmative Action (Gender Equity) Act 2024, passed by Parliament on July 30, 2024 and signed into law in September 2024. After more than a decade stuck at the committee level, the act now mandates 30% female representation in public decision-making roles and political-party structures by 2026, rising to 35% by 2028 and 50% by 2030 – a serious jump from the 14.5% of parliamentary seats women currently hold.

Two landmark laws. Same July anniversary, two years apart. That’s a genuinely notable run for a country’s gender-rights agenda.

The Public Was Already There

Here’s what’s easy to miss in the celebration: Ghanaians didn’t need convincing.

Afrobarometer’s Round 9 survey, conducted in April 2022 – two years before either laws were passed – found that more than eight in 10 Ghanaians (85%) already believed that it is ‘never’ justified for a man to use physical force to discipline his wife.

Nearly two-thirds (64%) already said that domestic violence should be handled as a criminal matter, not a private family affair.

The public consensus that the AUCEVAWG enshrines in continental law, and that lawmakers debated for a decade before passing the Affirmative Action Act, was sitting in the data well before either bill reached a vote.

That’s not a knock on the legislative process – laws take time, coalitions take longer, and both of these took sustained pressure from advocates like the Affirmative Action Coalition and ABANTU for Development to finally cross the line. But it’s a reminder that Ghana’s gender-rights legislation has largely been catching up to public opinion, not leading it.

The Gaps That Laws Alone Won’t Close

If citizens were already this convinced, where does the resistance to change actually lie? The same survey suggests that resistance is not in what people believe but in what they’re willing to risk to act on it.

Despite Ghanaians’ overwhelming condemnation of violence, more than four in 10 respondents in the same survey said it is ‘somewhat’ (24%) or ‘very’ (18%) likely that a woman would be criticised, harassed, or shamed for reporting GBV to the authorities. Only about a third (35%) considered such a backlash unlikely. And this view persisted even though most Ghanaians (86%) already trusted the police to take GBV cases seriously.

Read that again: It’s not that people doubt that the system will respond. It’s that they doubt that their community will forgive them for using it.

That’s precisely the gap no ratification ceremony can close on its own. The AUCEVAWG’s emphasis on shifting social norms – engaging families, communities, and ‘positive masculinity’ alongside legal reform – exists because its drafters understood the same thing Ghana’s own data show: Criminalising violence and building institutional trust are necessary, but they don’t automatically make it safe to speak up.

Two laws, A Common Implementation

Ratifying the AUCEVAWG and passing the Affirmative Action Act are genuine wins, and they deserve to be treated as such. But both now face the same test: domestication. The convention needs Ghana to deposit its ratification instruments and translate continental obligations into enforceable national law. The Affirmative Action Act needs the tools it mandates – quotas, budgeting, enforcement mechanisms – to actually show up inside ministries, political parties, and boardrooms between now and 2030.

Neither of these next steps will generate headlines the way a ratification vote does. Both will matter just as much.