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NDIC Kicks as Tribunal Imposes N5m Fine

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By Tony Obiechina, Abuja

The Investments and Securities Tribunal (SIT) has ordered the Nigeria Deposit Insurance Corporation (NDIC) to refund the sum of N5m to Winners Medical Diagnostics & Research Institute Limited, following a botched Public Offer.

Presiding chairman of the Tribunal, Hon Onyemaechi  Elujokor who gave the order in Abuja, also awarded N500,000 as costs in favour of the plaintiff.

But in a prompt reaction, the NDIC said in a statement on Monday that it will appeal against the judgment describing it as “misconstrued and misapplied “.

According to the judgement, the company had subscribed to 2,500, 000 units of shares in the 2005 Initial Public Offer of the former All States Trust Bank Plc (now Ecobank Plc.

), at N2.00 per shares of 50k each and paid N5m.

However, prior to the conclusion of the offer, All States Trust Bank became distressed and its licence was revoked, with its assets and liabilities transferred to Ecobank Nigeria Limited, including the Share/IPO Suspense Account No. 0170102746018, created to receive deposits for the sales.

The Tribunal  further stated that whilst alleging breach of legal duty and negligence against the 6-8 Respondents (NDIC, CBN & SEC respectively), the Claimant made efforts through its letter of appeal and demand the 1st defendant and others for a refund of his subscription money, adding that the Claimant’s right to a refund was duly acknowledged by the 6th defendant.

In the statement, the NDIC said it has instructed its lawyers to appeal against the Tribunal decision.

Part of the statement reads: “We most respectfully hold the position that the decision of the Honourable Tribunal was in error as it misconstrued and consequently misapplied the clear and express provisions of the relevant legislations governing bank liquidation in Nigeria.

“The NDIC as the statutory liquidator of the Allstates Trust Bank would like to restate its position in the matter for record purposes.  In carrying out its functions as a liquidator, the NDIC complies with the applicable laws in the realization and distribution of the assets of defunct banks, inclusive of Allstates Trust Bank.

“The applicable legislations here include the Companies and Allied Matters Act [CAMA] 2020, Banks and Other Financial Institutions Act, [BOFIA] 2020, the NDIC Act 2006, Failed Banks Act (FBA) 1994 and other relevant legislations.

“Bank liquidation requires a specialized procedure when resolving a failed bank. The emphasis is on settlement of deposit liabilities above all other claims. On the priority of deposit liabilities over other liabilities of the bank, Section 55 of the Banks and Other Financial Institutions Act, 2020 provides as follows: “Where a bank is unable to meet its obligations or suspends payment or where its management and control has been taken over by the Bank [Central Bank of Nigeria] or where its license has been revoked under the provisions of this Act, the Assets of the bank shall be available to meet all the deposit liabilities of the bank and such deposit liabilities shall have priority over all other liabilities of the bank”.

“In view of the decision of the Honourable Tribunal, which was given  per incuriam the Corporation will instruct its solicitors to appeal the judgment to the Court of Appeal”.

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Afreximbank Closes $282 million India-focused Club Deal

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By Tony Obiechina, Abuja 

The African Export-Import Bank (Afreximbank) has announced the successful completion of a first-of-its-kind India-focussed club deal for US$282.00 million.

Initiated for the exclusive participation of Indian lenders, and arranged by Bank of Africa UK PLC, the primary syndicated club deal saw participation from Indian lenders through their overseas branches and subsidiaries in the Dubai International Financial Centre in the United Arab Emirates, Singapore and Mauritius.

The facility, which was backed by six participating banks and financial institutions, including five that joined as first-time lenders to Afreximbank, helping the Bank achieve its objective of diversifying its funding sources, carries a three-year tenor.

At a commemorative event held in Dubai, U.A.E., to mark the conclusion of the deal, Haytham ElMaayergi, Executive Vice President at Afreximbank, said that the conclusion of the initiative represented a major milestone for the Bank as it sought to fulfil the key objectives of its funding programme.

Highlighting the importance of investing in, and for, Africa, Mr. ElMaayergi said: “this facility will help Afreximbank to continue to play a major role in the development of intra-African trade and trade between Africa and the rest of the world, particularly with India. 

It is a testament to the rapid growth in Africa’s economic relationship with India and is evidence of Afreximbank’s growing ability to harness resources into Africa and to fund trade finance related investments that would have a positive impact on trade between Africa and India.”

Chandi Mwenebungu, Director and Group Treasurer of Afreximbank, reviewing the Bank’s vision for Africa, said that its funding objectives included achieving the diversification of its liability book by geography, investor type and tenor.

Also addressing guests at the event were Said Adren, CEO of Bank of Africa UK PLC, who thanked the lenders for their participation, and Zineb Tamtaoui, General Manager of Bank of Africa, Dubai Branch, who expressed appreciation for the opportunity to put together “a landmark deal that would be a stepping stone to many India-focused club deals going forward.”

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Geregu Power Earns N50.4bn From Electricity Sales, Capacity Charges 

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By Tony Obiechina, Abuja 

Geregu Power Plc has generated N50.4bn on electricity sales and capacity charges to Nigerians in the first quarter of 2024.

The power company which is the first listed power company of the Nigerian Exchange Ltd disclosed the performance in its Q1, 2024 financial statement.

The company grew its Q1 revenue by 225 per cent from N14.

2bn in 2023 to N50.
4bn in 2023.

A breakdown reveals that Geregu Power sold energy worth N31bn and received N19bn as revenue from capacity charge.

Recall that the power company posted an annual revenue of N82.9bn in the full year of 2023 but it has covered half of the amount in Q1.

The revenue was above the company’s forecast for Q1 2024 when it projected its revenue to rise to N31.24bn.

Geregu Power recorded a profit before tax of N21.9bn up from the N5.3bn recorded in Q1 of last year, reflecting 307.8 per cent growth.

During the period underreview, the company saw its profit after tax rose by 307.3 per cent to N14.46bn from N3.54bn recorded in Q1 of last year. In the full year 2023, the company made N16.1bn net profit.

The net profit was above the company projection of N5.5bn. 

Geregu Power took an income tax charge of N7.43bn, up from the N1.8bn in Q1 2023. The tax charges were higher than the N2.7bn projected for Q1 2024.

The company also spent N21.5bn on the cost of sales involving gas supply and transportation, up from the N6.6bn spent on gas supply and transportation in Q1 2023.

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CBN Shakes Up Banking Sector: A Paradigm Shift Unveiled

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By Ademola Oyetunji 

In a surprising turn of events on Wednesday, the Central Bank of Nigeria (CBN) dissolved the boards of three prominent commercial banks – Keystone, Polaris, and Union Bank. This move, although unanticipated, transpired despite the Central Bank’s recent endorsement of these banks’ financial soundness.

Governor Olayemi Cardoso, at his inaugural address during the Chartered Institute of Bankers of Nigeria (CIBN) annual dinner last year, had lauded Nigeria’s financial sector’s resilience in 2023.

Stress tests conducted on the banking industry indicated its strength under various economic scenarios. However, Cardoso highlighted the need for banks to reassess their responsible banking framework, a sentiment echoed by President Tinubu.

President Tinubu’s evident discontent with the Godwin Emefiele-led CBN triggered a comprehensive review of the financial system. A special investigator, Jim Obazee, was appointed to conduct a forensic investigation into Emefiele’s tenure, with damning revelations emerging. Recent developments suggest the initiation of a full-blown financial system reform.

The CBN’s dissolution announcement and the subsequent appointment of new executives for the affected banks, including Yetunde Oni, Mannir U. Ringim, Hassan Imam, Chioma A. Mang, Lawal M. Omokayode, and Chris Onyeka Ofikulu, might mark the beginning of implementing the investigation’s recommendations – a significant cleanup of the financial sector.

Allegations surfaced during the investigation, suggesting non-cooperation from some bank executives and Emefiele’s questionable acquisitions through proxies and cronies. Cardoso may have secured presidential approval for the CBN’s decisive action.

The CBN cited various infractions by the banks, including regulatory non-compliance, corporate governance failures, and activities threatening financial stability. Despite the challenges, the CBN assured the public of depositors’ fund safety and its commitment to upholding a safe, sound, and robust financial system.

The Special Investigator’s report revealed documents pointing to Emefiele’s involvement in Titan Trust Bank and Union Banks’ acquisitions with ill-gotten wealth. The CBN’s swift replacement of the ousted chief executives received widespread commendation, especially from high-net-worth stakeholders aiming to avert a crisis of confidence within the affected banks.

Adewale Aderounmu, an industrialist, applauded the CBN for implementing effective policies under Olayemi Cardoso’s leadership, despite detractors’ actions against the Naira. Ayomide Deepak, an Abuja-based stockbroker, welcomed the action but emphasized the need for caution in handling revelations from the investigation to prevent further economic challenges.

As the CBN wields its regulatory hammer on these banks, the hope is that other bank executives and investors will learn valuable lessons for the sake of the economy. The CBN’s action is perceived as a strategic move aimed at revitalizing the economy and financial system, not a mere vendetta.

*Ademola Oyetunji writes from Ibadan.

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