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Court Orders First Bank to Pay Interest of N2.9Bn to FAAN

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A Lagos Federal High Court has ordered First Bank of Nigeria (FBN) Plc to pay the sum of N2,937,925,388.52 billion, to the Federal Airports Authority of Nigeria (FAAN) being an interest for not disclosing under-payment of credit interest on deposits in 14 different current accounts domiciled with the bank.

Court Orders First Bank to Pay Interest of N2.9Bn to FAAN

Justice Ayokunle Faji, while delivering judgment in suit numbered FHC/L/CS/67/2021 filed by FAAN, also held that First Bank breached its own professional Code of Ethics, by not disclosing all information on goods and services offered, including the interest rate payable by the bank.

Justice Faji made the above orders and declarations in a judgment delivered on October 9, 2023.

The plaintiff (FAAN) had in its originating Summons dated and filed on January 13, 2021, urged the Court to determine whether First Bank is entitled to pay interest on the applicant’s (FAAN) current deposits in lime with the Central Bank of Nigeria Monetary, Credit Foreign Trade and Exchange Policy Guideline of 2004/2005 No 37, Section 3, Sub-Section 3.2.4(a) Interest Policy, which states that “Banks shall continue to pay interest on current account deposits at rates negotiated between them and their customers.

Consequently, the applicant seeks the following reliefs: “An order for the payment of interest on the underpayment of interest on the current account deposits of the applicant at the respondent’s maximum lending rate from 1st September 2018 up to the date of refund.

“An order for the payment of the sum of N2,117,955, 865.01 billion, being interest on underpayment of credit interest on deposits in the applicant’s current account numbers.

“An Order for the payment of the sum of N819, 969, 523.51 million, being credit interest payable on the applicant’s current account deposits in account numbers: A declaration that in pursuance of the Central Bank of Nigeria Monetary, Credit, Foreign Trade and Exchange Policy Guidelines (Monetary Policy Circular), the Applicant is entitled to credit interest on its current account numbers 2004728814, 2004730671, 2004731403, 2004747983, 2012104714, 2012114742, 2013512417, 2020114013, 2020114439, 2020119427, 2020210135, 2020,211974, 2020213521 and 2020268284; deposits with the respondent.

“A declaration that in pursuance of the Central Bank of Nigeria Monetary, Credit, Foreign Trade and Exchange Policy Guidelines (Monetary Policy Circular), the applicant is entitled to receive interest on the credit interest the respondent failed to pay on the current account deposits of the applicant.”

But, in response to the Originating Summons, the First Bank in its 32-paragraph counter affidavit, raised two issues for determination to wit: “Whether having regards to the absence of any negotiation and/or agreement between the applicant and the respondent for payment of interest on the applicant’s current account with the respondent, the applicant is entitled to the reliefs sought on the face of the Originating Summons?

“Whether given the Central Bank of Nigeria’s circular “Time Bar for Resolution of Customer’s Complaint” dated 21st August 2015, this suit is statute-barred and constitutes an abuse of court process?”

First Bank stated that by Section 3.2.10 (a) of the Central Bank of Nigeria Monetary, Credit, Foreign Trade and Exchange Policy Guidelines, the words used in the said Section 3.2.10. (a) are clear and plain and should be given literal or ordinary meaning. It follows, therefore, that before interest can be paid on a current account, the interest rate should have been negotiated and agreed upon between the customer and the bank.

The bank further argued that the applicant did not exhibit or refer to any document to show that it approached or negotiated with the respondent on the interest rate to be paid by the respondent for the credit balances in the applicant’s current accounts with the respondent.

It also stated that the applicant has failed to discharge the burden placed on it by placing sufficient materials before the court, therefore the reliefs sought cannot be granted.

Delivering judgement on the issues raised, Justice Faji held that in line with paragraph 2 of the Bank Customer Bill of Rights and Duties and paragraph 3.5(b) of Nigerian Banking Industry (Professional Code of Ethics and Business Conduct), First Bank is duty bound to disclose to the applicant all information on goods and services offered.

“This seems to me to impose a duty on the defendant as part of the ethics of the banking profession. This is where I therefore have reason to hold that the defendant indeed failed to disclose the interest regime to the plaintiff without which the plaintiff would not have been able to know that the interest was to be negotiated and thus make the first move.

“In any event, it is apparent that a banker owes its customer a fiduciary duty and given the rules guiding the ethics of the banking industry, it seems to me that there was a duty on the defendant to inform the plaintiff of its right to negotiate interest. That duty is imposed by the code of ethics aforesaid which is binding on all banks in Nigeria, the defendant inclusive.

“That is in my view the basis for the fiduciary duty owed the plaintiff by the defendant. It is a code of ethics which the defendant ought to have followed and by which it is bound. By not disclosing such information to the plaintiff, the – defendant had breached its professional code of ethics and that in my view was done to gain an unfair advantage over the plaintiff as regards the payment of interest on current accounts. By those rules, the plaintiff is entitled to information upon which to have a basis to negotiate interest which was not availed by the defendant.

“Furthermore and by paragraph 3.5(b) of Nigerian Banking Industry (Professional Code of Ethics and Business Conduct) 2014, banks are under an obligation to inform their customers about the interest rates applicable to/payable on their deposit, fixed, savings and other accounts.

“This shows clearly that the defendant violated its code of ethics. It is also not in dispute that the interest has not been paid. The plaintiff calculated its expert. The defendant contends that the defendant was not involved in the computation of the interest as done by the plaintiff’s consultant.

“The defendant did not however state its calculation or show its own experts’ report. It also did not an expert show that plaintiffs’ calculations are wrong. I believe the contents of the report tendered by plaintiff’s expert who has shown evidence of experience in matters of this nature.

“I hold that the sums therein stated are due to be paid by the defendant and ought to be so paid. I hold that the sums determined as unpaid interest are due to the plaintiff from the defendant and the defendant is therefore ordered to pay the sums claimed.

“This action therefore succeeds. I answer the 4 questions for determination in the affirmative and in favour of the plaintiff. I grant the declarations sought in reliefs 1 and 3 and make the orders sought in reliefs 2, 4 and 5,” the judge held.

 

 

 


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E-Financial

Majority of Nigerians do not Trust Govt with Tax Revenue – SBM

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Majority Nigerians do not trust the government to properly utilise their tax payments for good use, according to a survey by SBM Intelligence across nine cities.

Majority of Nigerians do not Trust Govt with Tax Revenue – SBM

The survey highlighted why recent tax reforms have triggered widespread anxiety and resistance.

“Survey data from 200 respondents across nine cities indicate that 68.5 percent of Nigerians completely distrust the government’s use of tax revenues, whereas only 27.5 percent view the reforms as beneficial to the country, ” SBM intelligence said in its recent report titled Taxing Patience.

Nigeria’s 2025 Tax Reform Acts took effect in January, introducing the most comprehensive overhaul of the tax framework in decades. The reform has created more awareness among Nigerians than ever before, increasing their further distrust in the government’s use of tax revenues.

The distrust reflects years of poor service delivery and weak accountability, shaping public doubt toward the new tax system despite assurances that the reforms are designed to ease burdens and improve fairness.

“In the past, people avoided tax because they felt the government wouldn’t provide basic amenities,” businessday quoted Okanlawon Hakeem, a Lagos-based businessman, as saying.

“You drill boreholes yourself, pay for public transport yourself, and sometimes fix your local road yourself. So, you ask yourself what the government is doing with the tax money.”

The SBM Intelligence report noted that access to reliable electricity, improved security and better roads were the clearest signals that would make tax compliance worthwhile.

“46 percent of participants identified improvements in roads and security as their primary motivation for tax compliance,” SBM Intelligence noted, explaining that service delivery, rather than enforcement alone, is likely to shape taxpayer behaviour.

Government officials have defended the changes as necessary to improve public finances and reduce Nigeria’s dependence on oil revenue, pointing to the country’s historically low tax-to-GDP ratio.

With a tax-to-GDP ratio of less than 10 percent, Nigeria has lagged behind regional peers such as Ghana and Kenya. Taiwo Oyedele, chairman presidential fiscal policy and tax committee, hopes the reforms will lift the ratio toward 18 percent over the medium term.

Public sentiment, however, has not moved in step with these fiscal ambitions. According to the report, only 27.5 percent of people believe that the new tax laws are good for the country.

The report also suggests that greater awareness of the reforms often coincides with stronger skepticism rather than acceptance.

Distrust cuts across regions and occupations but is especially pronounced in major commercial centres.

The report mentioned that people in Lagos and parts of the Northeast have the strongest resistance and protest sentiment, reflecting concerns about enforcement, fairness and legislative integrity.

In its Year Ahead 2026 outlook, SBM Intelligence projects that protests are likely as the real impact of the new framework becomes clearer. The report points to the June 2024 youth-led protests in Kenya, which resulted in a reversal of the policy.

In Nigeria, where inflation is only just beginning to show signs of easing, the tolerance for perceived government excesses, including lavish convoys and budget padding, is at an all-time low.

Business owners, traders and informal workers expressed particular unease, fearing the reforms could deepen the problem of double taxation. Many worry that government levies will exist alongside rather than replace the fees already collected by unions and non-state actors.

“ Nearly a third of business respondents said they expect to pay both official taxes and union fees,” the report stated.

For informal workers such as market traders, drivers and artisans, this fear is grounded in experience. Many already make daily payments to unions or associations, often under pressure.

Without a clear plan to eliminate these parallel charges, new government taxes are widely viewed as an additional burden rather than a simplification of the system.

In Lagos, Kano and Onitsha, constant electricity emerged as the strongest trigger for compliance. In Abuja, Port Harcourt and Bauchi, respondents prioritized roads and security. Across cities, the message was consistent: willingness to pay is conditional on visible outcomes.

Analysts warn that without clear improvements in service delivery, stronger enforcement could harden resistance rather than improve compliance.

The report stated that without rapid, visible improvements in public services, the government risks collecting more money while winning.


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Why FirstBank Wrote off N748Bn Bad Loan – Otedola

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Femi Otedola, group chairman, First Bank Holdings, has justified the company’s decision to write off N748bn in legacy non-performing loans, saying the move was a deliberate strategy aimed at securing long-term financial stability, even though it significantly reduced reported profits.

Why FirstBank Wrote off N748Bn Bad Loan – Otedola

Femi Otedola, group chairman, First Bank Holdings,

Otedola made this known in a post on his X handle, where he explained that the large-scale provisioning led to a 92 per cent drop in the holding company’s profit figure.

According to the billionaire investor, the write-off was in line with the Central Bank of Nigeria’s directive encouraging banks to confront non-performing loans openly instead of postponing the issue.

“At First HoldCo we decided to clean house properly. We took a huge one-time hit of N748bn to admit old bad loans instead of pretending they do not exist. That is why profit looks like it crashed by 92 per cent. Painful headline, but it is a serious long-term move,” he wrote.

He noted that the decision was taken to finally address problematic loans accumulated over previous years and to strengthen confidence among stakeholders.

“Why do this now? Because the CBN is pushing banks to stop kicking problems down the road. So First HoldCo basically closed the chapter on messy loans from past years which sends a clear message that borrowing has consequences and it helps rebuild trust,” Otedola added.

Despite the scale of the write-off, Otedola maintained that the bank’s core business remained solid, stressing that strong earnings demonstrated the institution’s underlying financial strength.

He disclosed that the bank generated N2.96tn in interest income and N1.91tn in net interest income, figures he said were sufficient to absorb the clean-up while keeping operations stable.

“The key point is this: our business itself is STILL strong. It made N2.96tn in interest income and N1.91tn in net interest income, which gave it the strength to take the cleanup and still stay standing,” he stated.

Looking ahead, Otedola expressed confidence in the bank’s future, saying the balance sheet clean-up has positioned First Bank well for recapitalisation and sustained growth.

“Now at First Bank and beyond we go into 2026 lighter, cleaner and better prepared for the recapitalisation era and serious growth. Bad loans cleared + strong income engine + long-term thinking = real value creation,” he concluded.


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Unity Bank Unwraps Mobile App to Deepen Digital Banking Experience

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Unity Bank Plc, Nigeria’s retail lender, has launched an upgraded version of its mobile banking platform, Unifi, as part of ongoing efforts to improve customer experience and reinforce its proposition in e-business.

Unity Bank Unwraps Mobile App to Deepen Digital Banking Experience

Speaking on the upgrade, Adenike Abimbola, divisional head, Retail, SME, Digital Banking & Fintech Partnerships at Unity Bank,  said the improvements were built on the back of continuous interrogation of the platform to be more responsive to customer feedbacks which are being received overtime in our interactions and engagements.

“Digital banking has become an integral part of everyday life, particularly for retail customers who expect speed, dependability, convenience, and security as standard. With the latest upgrade to Unifi, we are responding directly to these expectations by enhancing functionality, strengthening security, and simplifying key payment and transaction journeys. Our goal is to ensure that customers can carry out their banking activities seamlessly, confidently, and without friction, anytime and anywhere,” Abimbola said


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