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Firms Slam N7Bn Suit on FCMB over Alleged Breach of Contract

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Sunlek Investment Limited and Sunsteel Industries Limited, two limited liability companies, have slammed a N7billion suit on First City Monument Bank (FCMB) Plc over alleged breach of contract.

Firms Slam N7Bn Suit on FCMB over Alleged Breach of Contract

In a 126 -paragraph of statement of claim accompanied by 27 paragraphs of a witness’ sworn oath and filed before a Federal high court sitting in Lagos south west Nigeria by Mr. John Olusegun Odubela SAN, Lagos lawyer, the two companies alleged that they operated loan accounts with First City Monument Bank. It was from there disbursement was made for all letters of credit /loan facility granted to  them by the bank for the importation of raw materials.

However since 23rd May, 2013 when the bank entered into an agreement to grant them loan, and open a loan facility account for them till date, they have not been given the particulars of the loan facility account neither has any statement of account of this loan account been made available to them.

The companies alleged further that by a commitment letter dated 23rd May,2013 and the term sheet for facility duly signed /executed by the two parties, FCMB committed and undertook to fund on fully-underwriten basis the debt finance (importation of goods) of $1.5 million and N422.5 million.

Thereafter other loans facilities were granted to the companies by the bank.

The total amount of the letters of credit opened by the bank in favour of the companies is $8 million out of which sum the companies contributed 10% based on the terms of the grant of the various offers for facility utilized to open letters of credit from 22nd, March 2013 to September, 2017. The loans facilities were well secured.

The companies contended that from the available records available to  them,it was  reflected that they have fully repaid their indebtedness to the Bank

However the companies were bewildered when they received the bank’s  letter that their indebtedness  to the bank as at 14th of March,2019 was in the sum of N1.1 billion that the debt should be liquidated within 14 days, despite the fact that they had fully repaid the loan they took from the bank.

Consequently, they engaged the services of an accounting firm to audit their account, the plaintiff by their letter and their solicitor’s letter requested for statements of accounts of the loan accounts from the bank, but the bank deliberately failed to make available the said statement of account.

However from the forensic analysis of their accounts, the plaintiffs contended that they are not in any way indebted to the bank.

From the forensic audit report it was discovered that there were two transactions carried out on letter of credit, wherein substantial volume of the product were damaged. The value of items purchased by the letters of credit was in the sum of $2million for the importation of cold rolled steel strips, galvanized steel strips and Zinc wire from Chemetals (HK) limited Unit 1105H/F Lippo Center 89,Queens Way Hong Kong.

FCMB is solely and unilaterally liable to undertake all the risk Insurance policy Clause A for the consignment/raw material to be imported by virtue of the letter of credit.

The bank solely negotiated insurance policy obtained for the products purchased and appointed Mansard Insurance Plc to provide insurance cover Clause C for the importation of the consignment.

Upon taking delivery of the consignment after payment of custom duties and port charges, it was discovered that large volumes of the said consignments were in various forms of damaged conditions.

The companies informed the bank about the  damaged consignment and the need to pursue insurance claim for the damage, the bank requested for documents which were presented to them to pursue the claim.

However, the agent of the bank sent a report to the companies to inform them that from the nature of damages to some of the products, the insurance policy, being a Clause C policy as undertaken by the bank is not sufficient to cover the nature of loss from the said damages to the products.

The total value of the consignment damaged is in the sum of $628,386.23 and N336.1 million.

The bank ought to have undertaken an all risk insurance policy cover with the insurance company. As a result of the damages to the consignment, they were not fit for use and could not be refined in  the plaintiffs machine and remained in the factory as junk or waste material.

The companies averred that they had suffered financial loss as a result of the breach of contract in the sum of N884.9 million which has negatively  affected their business operation since 2014 till date.

They averred that they are entitled to claim damages for breach of contract against the bank that had by its various acts of breaches of the various letters of offer for facility caused great loss to their business.

Consequently the companies’ claim against FCMB jointly and severally are as follows :

General damages in the sum of N5billion.

A declaration that the plaintiffs are not indebted to the bank in any sum premised on the fact that they  had settled all their indebtedness on the facilities granted to them by the bank.

A declaration that the bank breached the terms of letter of credit  and is liable for the loss of the letters of offer on importation, in the sum of $2million.

A declaration that the bank is liable to refund to the plaintiffs N884.9 million,being the losses uncured on the damaged consignment purchased through letters of credits,and failure and refusal of the bank to obtain an all risk insurance policy for the shipment of the said consignment.

An order for the payment of N826.9 million being the total sum wrongly debited on the companies’ account by the bank.

An order of the court restraining FCMB from appointing and or registering any instrument of appointment of an official receiver or any instrument whatsoever made for the purpose of enforcing the security for the payment of alleged indebtedness in the sum of N1.1 billion being allegedly claimed against the plaintiffs by the bank .

Cost of litigation assessed at N250million.

 

 


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E-Financial

CIBN says Recapitalization will Empower Banks to Lend more to Economy

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Chartered Institute of Bankers of Nigeria, CIBN, has expressed support for the ongoing banking recapitalization exercise saying it will empower banks to lend more to the economy.

CIBN President, Dr. Ken Opara stated this yesterday while speaking at the annual lecture of the institute in Lagos, with the theme “Improving Availability of Credit in the Nigerian Real Economy: The Critical Importance of Liquidity.”

Okpara noted that the volume of credit to the real sector activities namely agriculture, manufacturing and services is low compared to their critical role in driving economic growth.

Consequently, he called for more credit to the real sector, saying, “I   propose that we consider offering more credit to these key sectors and particularly the agriculture sector. It is for this reason that the Recapitalization exercise is a welcome development.

“The recently announced upward review of the Minimum Capital Requirements of Nigeria by the Central Bank of Nigeria would further empower banks to extend more credit to the economy’s productive sectors.”

To address these factors impeding credit to the real sector, Okpara suggested that, “The government needs to improve further the ease of doing business and infrastructural development, such as power, roads, rail networks, etc.

“Setting up industrial centres where these companies can co-habit and share common infrastructure. Harmonize and reduce the various taxes and levies, including locating them in a single hub.

“Banks need to be deliberate in de-risking these companies via Capacity building programmes, and Advisory services.

Specialised Financial Institutions can be created in addition to the Bank of Industry (BOI), especially credit guarantee agencies and risk-sharing institutions, to further facilitate the deepening of credit as practiced in countries such as China which significantly transformed its economy.


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E-Financial

Shareholders Approve $1.5bn Capital Raising for Access Holdings

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The shareholders of Access Holdings Plc have unanimously approved the company’s proposed capital raising of $1.5 billion through a bond or share sale and a further N365 billion via a Rights Issue to fund its ambitious growth plans.

The shareholders also ratified the appointments of Aigboje Aig-Imoukhuede, Olusegun Ogbonnewo, and Ojinika Olaghere as Non-Executive Directors.

The appointment of Aig-Imoukhuede as the Chairman of Access Holdings was praised by the shareholders, who pointed to his rich history of success with the institution, having transformed it into Nigeria’s biggest lender by market value alongside late Herbert Wigwe.

The shareholders stated that Aigboje’s leadership was instrumental in driving the institution’s growth during the 2004 recapitalisation of the banking industry led by the Central Bank of Nigeria (CBN) under the leadership of its former Governor, Prof. Charles Soludo.

“We are thrilled with Aigboje Aig-Imoukhuede’s return to the role of Chairman. His proven track record, experience, and strategic insights position him as the ideal leader to steer Access Holdings towards meeting its lofty targets.

During his tenure as CEO, particularly during the recapitalisation directive by the CBN, he steered Access Bank to raise an impressive $2 billion in capital, and this demonstrates his capacity to, once again, lead Access Holdings towards successfully achieving the objectives of our planned capital raise and Rights Issue targets,” said Chief Sunny Nwosu, Chairman Emeritus of the Independent Shareholders Association of Nigeria (ISAN).

In line with the Group’s strong financial performance, the payment of a final dividend of N1.80 kobo per every N0.50 kobo ordinary share for the 2023 financial year was approved, marking a 28 per cent improvement from the corresponding period in 2022.

 


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Confusion as CBN Deletes, Reinstates Tweet Calling Crypto-Related Directive Fake

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Central Bank of Nigeria (CBN) has been forced to deny a report saying it issued a directive requiring all banks and financial institutions to identify individuals or entities engaging in transactions with cryptocurrency exchanges and to ensure that such accounts are put on Post No Debit (PND) instruction for six months.

Confusion as CBN Deletes, Reinstates Tweet Calling Crypto-Related Directive Fake

A “Post No Debit” instruction is a directive issued by a bank or financial institution to restrict certain transactions on a customer’s account.

When a PND instruction is in place, the account holder is prohibited from making debit transactions, meaning they cannot withdraw funds or make payments using the affected account.

Confusion occurred when the central bank denied the story on X but then deleted the denial.

The alleged circular also stated that regulated financial institutions engaged in crypto or facilitating payments for crypto exchanges are prohibited.

However, this contradicts an earlier ban lifted in December 2023, allowing banks to facilitate transactions for crypto exchanges.

The central bank lifted the ban nearly two years after enforcing a comprehensive ban on banks engaging with digital currencies.

According to a statement by the CBN at the time, it recognized that the increasing global demand and adoption of crypto make it unjustifiable to maintain the stringent restrictions imposed on financial institutions in 2021.

However, due to the swift devaluation of the naira and the subsequent inflation rate of 29.9%, the government shifted its attention to platforms offering cryptocurrency services.

It disabled websites associated with crypto trading that had gained notoriety for setting informal valuations for the naira.

Binance encountered significant scrutiny when the CBN raised concerns regarding “suspicious financial transactions” occurring through Binance Nigeria in 2023.

Olayemi Cardoso, governor, CBN, said $26 billion had passed through Nigeria via Binance in 2023 from unidentified sources and users.

Binance is facing further challenges in Nigeria, with its executive Tigran Gambaryan, who is based in the United States, being detained in the country.

He’s facing five charges linked to money laundering following a meeting with Nigerian officials regarding Binance’s regulatory compliance.

Nadeem Anjarwalla, one of the executives who met with Nigerian officials about Binance’s regulatory issues, subsequently escaped custody and was tracked down to Kenya, where he faces extradition.

 


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