PenCom issued similar warnings in 2022. The one on record here is a notice reported in September 2023. This is what it said, as reported.
The notice, as reported
Business Journal reproduced a PenCom notice on 1 September 2023. It says that using touts and agents to obtain the Pension Clearance Certificate is illegal, citing section 104(b) and (c) of the Pension Reform Act 2014. It tells employers to deal directly with PenCom.
That is PenCom's reported position on this certificate. This article reports it and does not comment on any particular firm.
The provisions it cites
The provisions the notice cites deal with false documents, and with false or misleading information. The Act's penalty for that conduct is a fine of at least ₦200,000, at least 3 years in prison, or both.
A continuing offence adds a further daily amount on top. The penalty is aimed at records, documents and information, not at slow payment.
On the wording of the Act, the offence covers any person or body that refuses to produce records, produces false documents with intent to defraud, or knowingly or recklessly supplies false information. Whoever prepares an application, the employer should read what is submitted in its name before it goes. Whether a particular arrangement falls within those provisions is a question for a lawyer, not for this article.
How this differs from a late-remittance penalty
Do not mix the two up. Late remittance carries at least 2% of the unpaid contributions for each month or part of a month. It is a charge on contributions paid after the deadline. The post on the pension remittance deadline and late penalty covers it.
The false-information penalty is a separate offence. It applies to documents and statements, whatever the state of an employer's contributions.
Check the date and the source
The notice is from 2023. The online application portal opened to all employers in October 2024, after it. So the notice describes the position as it stood in 2023.
Check PenCom's current guidance before relying on it. Note where the words come from too: a news report of a notice. The notice itself was not found on PenCom's own website.
Keep your own file too. Save a copy of every application, upload and confirmation. If PenCom ever queries what was submitted, you can show exactly what it was.
Where the application is made
The application is made at pcc.pencom.gov.ng. The same Business Journal report says issuing the certificate is free of charge. How to apply for a PenCom clearance certificate online covers the steps, and is the PenCom clearance certificate free? covers the fee.
Common mistakes
- Quoting the notice without its date and source.
- Assuming a 2023 notice describes today's process, without checking PenCom's current guidance.
- Confusing the false-information penalty with the late-remittance penalty.
- Treating a news report of a notice as a page on PenCom's own website.
For the wider pack this certificate sits in, see how TCC, CAC, ITF, NSITF and PenCom fit together and the tender compliance hub.