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Judiciary, Banks Chase Shadows as another Banking Crisis Looms

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Nearly ten years ago the Central Bank of Nigeria conducted a deep assessment of the country’s banks.

 

The 2009 exercise exposed large-scale fraud committed by a number of CEOs.

 

To save the banking system from collapse, the Central Bank (CBN) took over a number of institutions and spent billions saving others.

 

According to Quartz, in addition, criminal charges were laid against five CEOs for offences which included fraud, market manipulation, concealment and grant of credit facilities without adequate security.

 

Only one case has been prosecuted successfully. The others appear to be stuck in an unending cycle of dismissals, appeals and re-trials.

 

The bank saga and the failure to bring the bank executives to justice underscore the fact that the Nigerian justice system isn’t working.

 

Quartz, said that the problems – the subject of a great deal of discussion – range from judicial corruption to a lack of judicial independence to delays in the justice system.

 

The cases of the bank executives provide a useful case study through which to examine the weaknesses of the Nigerian judicial system.

 

These include the capability of prosecutors and the ability of the court system, including judges, to actually bring cases to fruition. This is particularly true in corporate cases which are often difficult to prosecute under the criminal law.

Judicial Corruption

 

According to Quartz, the fact that Nigeria has a number of corrupt judges is common knowledge in the country. Over the years, there have been various allegations of corruption in the judiciary.

 

In 2013, two High Court judges were suspended and recommended for retirement by the National Judicial Council for misconduct bordering on corruption.

 

Similarly, in 2016, a raid carried out by the Department of State Services revealed that cash worth USD$800,000 had been found in the homes of senior judges suspected of corruption.

 

Judicial corruption reduces public confidence in the country’s justice system. This means that suspected incidents of directors’ misconducts are less likely to be reported given the prevailing belief that justice is unlikely to be served.

 

Similarly, it can affect the attitude of investigators and prosecutors who might have less incentive to investigate and prosecute cases diligently.

 

While it would clearly be an exaggeration to accuse all judges in Nigeria of corruption, it is reasonable to conclude that corruption remains a problem. But since none of the judges involved in the trial of the bank executives have been accused of corruption, it’s necessary to look to other causes for the failure to bring the bank executives to book.

Judicial delays

 

One of the main problems in the bank executive cases has been endless delays in the judicial process. The trials’ time line tells the story.

Godwin Emefiele, CBN Gov

Criminal proceedings started in 2009. About six years later, in 2015, the Court of Appeal struck down the case against two of the executives on the basis of lack of jurisdiction of the trial court.

 

A declaration of lack of jurisdiction means that the court lacks the power to try the particular case. In itself this isn’t a bad development. After all, compliance with relevant rules on jurisdiction is essential to ensuring justice is done. But the fact that it took six years for this decision to be reached highlights severe delays in Nigeria’s court system.

 

Following the Court of Appeal’s decision, the High Court, in deference to the superior court, dismissed the pending case against the third bank executive.

 

In another turn of events, a year later, in 2016, the Supreme Court overturned the Court of Appeal’s decision and ordered a re-trial of the bank executives. This meant that, nearly 10 years after the initial trial, a fresh trial was started, and with it room for further appeals.

 

There is currently no end in view. While appeals and cross appeals are inevitable parts of litigation, the lengthy time spent on them is not.

 

This delay has been attributed to several factors. Initially, the trials suffered from several unwarranted adjournments at the request of the defence lawyers.

 

Another weak spot has been the prosecuting authority. The unit responsible for prosecuting these kinds of cases, The Economic and Financial Crimes Commission, has been severely criticised for its inefficiencies.

 

To worsen the problem, the trial judges were changed several times. One judge was elevated to the Court of Appeal while a few others were transferred to different divisions of the court leading to a fresh trial each time.

 

These issues significantly delayed trial proceedings.

Potential inequality

 

Another question to consider is whether the failure to successfully prosecute the directors is a reflection of the difference in the treatment of high-profile offenders versus ordinary Nigerians.

 

Cecilia Ibru, the only bank executive who was convicted, was sentenced to just six months in prison and required to forfeit shares and other assets worth over USD$1.2 billion.

 

Compare this with the case of David Olugboyega, an armed thief, who was sentenced to death after being found guilty of a £50 robbery.

 

Granted that armed robbery carries the death penalty, however, it seems that carting away millions of money should attract a stiffer penalty.

 

In addition, rich offenders can afford well skilled lawyers who can devise different strategies to delay, or prevent, successful prosecution. Poor offenders don’t have this benefit.

 

The ConversationThe recently introduced Administration of Criminal Justice Act of 2015, which aims to promote speedy dispensation of justice, promises to improve the situation. Time will tell.


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E-Financial

FBNQuest Merchant Bank Reports Strong Financial Performance and Strategic Growth Initiatives in 2023

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FBNQuest Merchant Bank, the investment banking and asset management subsidiary of FBN Holdings Plc, successfully held its 9th Annual General Meeting recently.

The gathering served as a platform to present the Bank’s Annual Report and Financial Statements for the financial year ended December 31, 2023.

Amid the prevailing economic challenges, the Bank reported a robust financial performance and outlined strategic growth initiatives aimed at delivering sustainable value to its shareholders.

Mallam Bello Maccido, Chairman of the Board of Directors, commended the Bank’s resilience in navigating through the complexities of the operating environment in 2023.

He stated, “2023 was a year filled with unprecedented challenges that tested our resilience. Given the evolving economic landscape which was characterized by shifting government policies and volatile market dynamics, FBNQuest Merchant Bank stood resilient. Our ability to navigate through these challenges underscores our adaptability and unwavering commitment to excellence.”

The Bank reported a strong financial performance for the year 2023, with gross earnings improving by 43.1% year-on-year to N35.5 billion. Profit Before Tax (PBT) of N4.09 billion was recorded, representing a 36% increase year-on-year while PBT for the FBNQuest Merchant Bank Group was N9.98 billion, reflecting an increase of 91.5% year-on-year.

Mallam Maccido added “The asset management business achieved remarkable milestones, hitting above N600 billion in Assets under Management at the end of December 2023.

“The equities business also posted growth in PBT by 182% year-on-year.” In line with its commitment to providing robust and sustainable returns to shareholders, the Bank declared an interim dividend of N1.01 billion.

The Bank’s Board continues to ensure that its governance structures conform with international best practices and regulatory guidelines. At the meeting, shareholders approved the appointment of Mr. Afolabi Olorode as Acting Managing Director, noting that the approval of the Central Bank of Nigeria had been obtained for his appointment.

The retirement of Mr. Kayode Akinkugbe as Managing Director and Mr. Taiwo Okeowo as Deputy Managing Director was also acknowledged, both individuals having served the Bank meritoriously for eight years each.

Looking ahead to 2024, Mallam Bello Maccido expressed optimism about the improved outlook and opportunities for the Bank’s various lines of business.

He stated, “We are dedicated to accelerating revenue growth purposefully and responsibly. The Bank remains committed to delivering value to its stakeholders and driving growth in the years ahead. Its solid financial performance and strategic growth initiatives position it for continued success in the dynamic economic landscape.”

 


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OPay clarifies New CBN directive, Reassures Customers

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OPay remains committed to working closely with the Central Bank of Nigeria (CBN) and other regulatory bodies to fight money laundering, fraud, terrorism financing, and other illegal financial activities.

OPay

As a regulatory-compliant institution, OPay follows the rules set by the CBN and other regulators to ensure the financial system’s integrity. To achieve this, we have closed non-compliant accounts, implemented strict security measures, and educated customers to help combat fraud.

To support government efforts to clean up the financial industry, Opay and other Fintechs companies have temporarily paused onboarding new customers and creating new wallets. This action reflects our commitment to a secure financial environment and fighting against illicit activities.

Please note that existing accounts and wallets remain unaffected by the CBN’s directive. We want to assure our customers that their funds are secure, their data is protected and this is a temporary measure.

Customer satisfaction is our top priority, and we are committed to promoting financial inclusion and economic growth as key players in Nigeria’s financial ecosystem


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CAC Says Operating PoS without Registration is Criminal Offence

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Corporate Affairs Commission (CAC) has said that all financial technology operators (Fintechs) must register with the commission before July 7, 2024, noting that operating without registration is a crime according to the provisions of the law.

CAC Says Operating PoS without Registration is Criminal Offence

Hussaini Magaji (SAN), registrar general of the Commissio, stated this at the inauguration for the centre for bulk registration of Point of Sale (PoS) operators on Wednesday.

Magaji said, “It is the requirement of the law and the guidelines which Fintechs mandate PoS operators while obtaining their machines as outlined by the CBN to register with the CAC. Therefore, operating a PoS without registering with the CAC is a crime in Nigeria and the operator ought to be jailed.

“CAC on our part are enforcing the provisions of the law which mandates every legitimate business to register with the commission either as individual, business or merchant, and the PoS operators must register, and what we are doing now is to enforce parts of the provisions of the Companies and Alllied Matters Act (CAMA).”

Speaking further, he said, “CAC was asked to penalise PoS operators who are operating without registration with a N200 form. But because of the president’s position on encouraging small businesses, we agreed that no one should be penalized, which is why we have put a time limit on a date because we have had this sensitisation since December, and by July 7, 2024, we hope to close.”

Magaji added that the registration of all POS merchants and agents across the country would go a long way in reducing crime in the country.

He said, “We have a situation where ransom is paid with POS terminals, so with the registration, we will bring out the people whose machines were used to perpetrate the crime, because the CAC will capture all your information.”

He further noted that the registration centre would be open for 24 hours for Fintechs that might want to register manually, adding that the CAC had already created a structure for the Fintechs on the commission’s portal for ease of registration, where the certificate would be automatically generated and sent to their platform. CAC Opens Centre for Registration of PoS Operators

 

 

 

 

 

 


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