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No2Atheism (m)
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Aren't all these Vanguard 'Northern Agenda' articles not from the same Omoh Gabriel?  any corroborating story from an independent source? Spreading rumors such as these is what is actually damaging the sector, and not the action of the CBN There is also the case of an " Akeem Adebayo" who raised a similar issue partain to the same northern agenda scenario. http://www.saharareporters.com/index.php?option=com_content&view=article&id=3483:cbn-and-the-sack-of-bank-managements&catid=81:external-contrib&Itemid=300I am not here defending Vanguard or anyone for that matter (nigeria is too corrupt for that and i am not going to risk my own integrity for faceless people), the issue is that what vanguard reported is too coincidental almost to the point of being prophetic, it simply cannot be mere coincidence that its happening exactly the way it was pre-reported to happen. I have observed and analyse what Sanusi is doing and to be frank it seriously sounds like an hostile takeover.Also if the truth be told neither EFCC nor CBN is actually following the rule of law and also the speed at which Sanusi simply wants to sell off those banks ( without recourse to their original shareholders) raises a lot of suspiciion to be frank. |
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biina
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WTF? You made reference to Savannah and SGB as if they were still existent and when called up on it, you straw man argument and go on to ramble incoherently? It supposed to be a discussion and not a comedy show |
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oyb (m)
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good to see you coming out in your true colours and descending into adsurdity while you're at it Wetin concern me with Savannah and Societie they are just examples of how double standards have been used, cus the last time i checked non of their directors and owners have been publicly ridiculed and they have not yet been islamised banks before sanusi's time 'illustrate how double standards were used'? better stick to 'death to Muhammed' etal. You sound like an Afonja (i.e. a muslim yoruba who has lost is loyalty and instead always gets betrayed by northerners) look who is talking- you keep whining about the evil of the white man, yet you go to his schools - i wonder what that says about you. Sanusi does not hide the fact that he is a Fulani first and foremost, yet here you are trying to bullshit me that its about northern muslim issues. charles chukwuma soludo did not hide the fact that he was ibo - perhaps the death of trade bank and societe general during consolidation were also part of an ibo agenda to systematically eliminate as many non ibo run banks as possible |
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oyb (m)
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WTF? You made reference to Savannah and SGB as if they were still existent and when called up on it, you straw man argument and go on to ramble incoherently? It supposed to be a discussion and not a comedy show most of his contributions usually descend into jumbled anti islam or anti caucasian diatribes |
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No2Atheism (m)
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WTF? You made reference to Savannah and SGB as if they were still existent and when called up on it, you straw man argument and go on to ramble incoherently? It supposed to be a discussion and not a comedy show Actually i made reference to them on the basis that they were failed banks whose management did not experience the same thing that Sanusi is currently dishing out to the so called five failed banks. Apologies for not making that clear enough. Also please note that: 1. I did not hear about Saraki family( who are northerners pretending to be yorubas by the way) being jailed or humiliated. 2. Savannah bank has actually re-opened. http://234next.com/csp/cms/sites/Next/Home/5423235-146/story.csphttp://allafrica.com/stories/200906090506.html |
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oyb (m)
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stop confusing sanusi with farida we have argued it out in several other threads that farida is a cow in a china shop trying to use the situation to give herself some credibility and for your info, ribadu was harassing the sarakis - farida was hired by bukola saraki as a consultant in the issue. it was in the news/tell/newswatch - i forget which. outside of politicians and adenuga, most of ribadus other campaigns were silent. kindly stick to topic - no need to reiterate the fact that you are a tribalist perhaps you need to look for jarus thread on the two bank mds from the 90s who were jailed and humiliated - one is now a teacher in SA. |
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oyb (m)
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it is no secret that notoatheism is pro christianity and proyoruba
therefore we have to take all he says with a handful of salt
no to hypocritical reverse racist, tribalist - ethno religious thread derailers - that about covers it
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No2Atheism (m)
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stop confusing sanusi with farida
we have argued it out in several other threads that farida is a cow in a china shop trying to use the situation to give herself some credibility
and for your info, ribadu was harassing the sarakis - farida was hired by bukola saraki as a consultant in the issue. it was in the news/tell/newswatch - i forget which. outside of politicians and adenuga, most of ribadus other campaigns were silent.
kindly stick to topic - no need to reiterate the fact that you are a tribalist
Wetin concern me with the corrupt woman known as Farida, i am not here discussing EFCC, i am here discussing CBN. Do you bother to even read my statements, i have already clarified that i mentioned Savanah and Societie as examples of double standards of how banks have been treated, yet here you are saying something completely unrelated. kindly stick to topic - no need to reiterate the fact that you are a tribalist Guilty as charged I would gladly prosecute and jail any muslim yoruba that betrays the yoruba nation just like Afonjas did in ilorin and are still suffering for. You muslim yorubas simply cannot be trusted to stand up and be counted so far as islam is concerned. It is being reported that there is a possibility of take over of the banks via the rich islamic countries, hence i am not suprised that here you are defending Sanusi even though its completely illegal for CBN to sell banks wen the shareholders are still alive. Despite that what Sanusi is currently doing has been reported in March 2009, if that is not a conspiracy then u tell me. |
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No2Atheism (m)
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 Guilty as charged, I am against Islam I am against imperialism of any form whether by igbos or yorubas or hausas or fulanis. Hence i am completely against Sanusi because his statements and actions are starting to look and sound like a preplanned take over of the banks by northern muslim elements using CBN as the vehicle. Death to Amerikka. Death to Allah. Death to Mohammed. Death to Halal. Death Sharia.
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No2Atheism (m)
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So can @oyb please explain to me exactly how is it the the CBN governor seeks to sell banks that still have legal shareholders.
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No2Atheism (m)
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@oyb How is your son doing. He looks very healthy you have strong genes. How is family. Yea because i hate islam does not mean i hate you and am not concerned about your welfare, bro |
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No2Atheism (m)
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@oyb
i am still waiting for the answer to this question:
How is it that the CBN governor seeks to sell banks that still have legal shareholders.
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oyb (m)
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I would gladly prosecute and jail any muslim yoruba that betrays the yoruba nation just like Afonjas did in ilorin and are still suffering for. You muslim yorubas simply cannot be trusted to stand up and be counted so far as islam is concerned. please start another thread on that hypocrite you spend so much of your time screaming about how the white man raped the world, how evil he is , and yet you are taking a masters degree in manchester, under the people who colonised your country and left those nasty northerners in charge.  it may be too much for a tunnel vision tribalist to comprehend, but it is not sanusi who is crminlaizing the mds etal, it is waziri maybe if a southern yoruba christian explained it to you . . . as to your ridiculous injection of savnah and societe - they do not apply because they were before sanusi and waziris's time - though i have still taken time to explain to you that ribadu was investigating the sarakis It is being reported that there is a possibility of take over of the banks via the rich islamic countries, hence i am not suprised that here you are defending Sanusi even though its completely illegal for CBN to sell banks wen the shareholders are still alive. is it possible for you to stick to one thread of thought, or has your bigotry befuddled your reasoning. you started a thread claiming that northern proxies want to take over the banks - now you are screaming islamic countries - anyway like you said - guilty as charged not so? even if it were western foreign investors - we know how you feel about white devils, though you seem to have no problem living among them  |
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No2Atheism (m)
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@oyb How is your son doing. He looks very healthy you have strong genes. How is family. Yea because i hate islam does not mean i hate you and am not concerned about your welfare, bro |
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oyb (m)
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i believe it is called turning debt into equity
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No2Atheism (m)
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it may be too much for a tunnel vision tribalist to comprehend, but it is not sanusi who is crminlaizing the mds etal, it is waziri maybe if a southern yoruba christian explained it to you . . . is it possible for you to stick to one thread of thought, or has your bigotry befuddled your reasoning. you started a thread claiming that northern proxies want to take over the banks - now you are screaming islamic countries - anyway like you said - guilty as charged not so? even if it were western foreign investors - we know how you feel about white devils, though you seem to have no problem living among them guilty as charged @oyb you know i am not too proud to apologise if i am wrong. Hence i would gladly apologise if my conclusion turns out to be wrong. The issue here is that you have not been able to show how my conclusion is wrong . Death to Amerikka. Death to Allah. Death to Mohammed. Death to Halal. Death to Sharia. as to your ridiculous injection of savnah and societe - they do not apply because they were before sanusi and waziris's time - though i have still taken time to explain to you that ribadu was investigating the sarakis Yes i know it was before Sanusi, it was brought up as examples for the sake of showing how the treatment of the current bank directors and so on is disproportionately skewed. Let me repeat again, i was actually a supporter of Sanusi (imagine that i support a muslim northerner) i am only changing my mind and opinion about him because i was starting to notice serious similarity between his actions and the March report by Vanguard and the fact that at the end of the day, shareholders seem not have factored into this scenario of his actions. please start another thread on that hypocrite you spend so much of your time screaming about how the white man raped the world, how evil he is , and yet you are taking a masters degree in manchester, under the people who colonised your country and left those nasty northerners in charge. I want to be as rich or richer than you now , moreover Greeks learn from Egyptians so i am only taking back wat good things they have to use it to for betterment of naija |
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oyb (m)
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@oyb How is your son doing. He looks very healthy you have strong genes. How is family. Yea because i hate islam does not mean i hate you and am not concerned about your welfare, bro you don't have to try to change your spots - i am a yoruba muslim from ilorin - a fake yoruba in your book, not so? |
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No2Atheism (m)
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you don't have to try to change your spots - i am a yoruba muslim from ilorin - a fake yoruba in your book, not so?
I am not changing any spots, So you are one of those yorubas that betrayed us  and allowed an hausa to become a emir in a yoruba town  You need to be punished as soon as possible. I hereby decree that your 72 virgins have been reduced to 20 virgins , ------------- on a more serious note, i am quite friendly and blunt at the same time, hence i am sincerely concerned about you and your family so don't think i was not sincere when i asked after your son, Because i want to verbally bash his daddy in public does not mean that i am not looking for the wellbeing of his son. Don't u realise that i am just a simply minded yoruba man that is completely concerned about the welfare of yorubas hence why i am angry when i see muslim yorubas betray the yoruba nation on the basis of religion. |
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biina
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@oyb
i am still waiting for the answer to this question:
How is it that the CBN governor seeks to sell banks that still have legal shareholders.
He has not made any explicit moves to sell the bank yet. The overall aim is to transition the bank to a new management team (which will replace the current interim board appointed by the CBN). If that would necessitate a change of ownership is yet to be seen, but sanusi said that he was not averse to selling the banks, preferably to other financial institutions, (local or foreign), who can bring in not only funds, but also the processes to move things forward and make the banks better. As things stand, the current level of liabilities of the 5 banks has eroded most of the shareholders funds, and made them insolvent. The CBN, through the interim management, is trying to recover for the banks as much of the bad loans as possible, so that 1. The CBN can recover the funds it provisioned to stabilize the banks. (please note that CBN has only injected tier 2 funds, and not tier 1 i.e. they have not bought shares in the company) 2. The shareholders can recover some of their equity in the bank. If the recovery process goes well, and existing ownership was not complicit with the fraudulent executives that were sacked, then there would be no reason to change the ownership of the bank. If on the other hand, existing ownership was same or complicit with fraudulent executives, then change of ownership would be required, as the banks cannot be returned into the hands of the corrupt individuals who acted fraudulently (by doctoring their books) and mismanaged depositors funds. The stability and survival of the banks comes first (as that is needed to protect depositors). Ownership and new management issues will be addressed later. |
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No2Atheism (m)
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He has not made any explicit moves to sell the bank yet. The overall aim is to transition the bank to a new management team (which will replace the current interim board appointed by the CBN). If that would necessitate a change of ownership is yet to be seen, but sanusi said that he was not averse to selling the banks, preferably to other financial institutions, (local or foreign), who can bring in not only funds, but also the processes to move things forward and make the banks better.
As things stand, the current level of liabilities of the 5 banks has eroded most of the shareholders funds, and made them insolvent. The CBN, through the interim management, is trying to recover for the banks as much of the bad loans as possible, so that
1. The CBN can recover the funds it provisioned to stabilize the banks. (please note that CBN has only injected tier 2 funds, and not tier 1 i.e. they have not bought shares in the company)
2. The shareholders can recover some of their equity in the bank.
If the recovery process goes well, and existing ownership was not complicit with the fraudulent executives that were sacked, then there would be no reason to change the ownership of the bank.
If on the other hand, existing ownership was same or complicit with fraudulent executives, then change of ownership would be required, as the banks cannot be returned into the hands of the corrupt individuals who acted fraudulently (by doctoring their books) and mismanaged depositors funds.
The stability and survival of the banks comes first (as that is needed to protect depositors). Ownership and new management issues will be addressed later.
Abeg spare me the grammar He has publicly voiced his desired to sell off the banks, which one is explicit moves again, abi na until them take the sale receipt slap nigerians for face. Is that wen we are supposed to react wen the ownership has already changed hands illegally. Or wait please don't tell me u are suggesting the nigerian shareholders should wait until it has happened before making an effort to stop it, dooh Personally i don't trust the nigerian evironment hence i don't have shares in any of the banks, nevertheless that does not mean that i should not speak out when there is something obviously illegal going on as concern the reported conspiracy to bring about a change of ownership of the banks. By the way, Insolvency is not a loss of ownership so i do not know exactly what the heck you are on about. That the banks were mismanaged does not mean the shareholders have lost their ownership rights or please be more explicit or are you trying to tell me otherwise. The bottomeline is this: CBN does not have the legal right to sell a private property. If the recovery process goes well, and existing ownership was not complicit with the fraudulent executives that were sacked, then there would be no reason to change the ownership of the bank.
If on the other hand, existing ownership was same or complicit with fraudulent executives, then change of ownership would be required, as the banks cannot be returned into the hands of the corrupt individuals who acted fraudulently (by doctoring their books) and mismanaged depositors funds. Can you please openly tell me that Sanusi took his steps based on shareholders or based on mismanagement by CEO and Directors, what you are arguing and saying is completely different from what has been reported as the basis the current actions against the banks. Your own statement is a completely different scenarion and the last time i checked that is not the scenarion being presented by Sanusi, hence the bottom line still remains that something illegal is being done by Sanusi and as regards the ownership of those mentioned banks. |
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biina
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Abeg spare me the grammar He has publicly voiced his desired to sell off the banks, which one is explicit moves again, abi na until them take the sale receipt slap nigerians for face. Is that wen we are supposed to react wen the ownership has already changed hands illegally. Or wait please don't tell me u are suggesting the nigerian shareholders should wait until it has happened before making an effort to stop it, dooh so if I say I would like to be president, that makes it automatic that I am contesting the next elections? The only thing he has said categorically is that the banks need to be recapitalized, and that does not necessarily equate to new ownership. A bank can be recapitalized by existing shareholders introducing more funds Personally i don't trust the nigerian evironment hence i don't have shares in any of the banks, nevertheless that does not mean that i should not speak out when there is something obviously illegal going on as concern the reported conspiracy to bring about a change of ownership of the banks.
By the way, Insolvency is not a loss of ownership so i do not know exactly what the heck you are on about. That the banks were mismanaged does not mean the shareholders have lost their ownership rights or please be more explicit or are you trying to tell me otherwise.
The bottomeline is this: CBN does not have the legal right to sell a private property. Wrong. If you become insolvent, the CBN has the right to withdraw your banking license, and in cooperation with the NDIC liquidate your assets to address the depositors. Depositor are indirect shareholders in a bank and thus it is not entirely a private business in the sense you make of it. There are other peoples money involved beyond the share holders Can you please openly tell me that Sanusi took his steps based on shareholders or based on mismanagement by CEO and Directors, what you are arguing and saying is completely different from what has been reported as the basis the current actions against the banks.
The actions were taken against the executives but the executives were appointed by the shareholders to protect the shareholders interests. The CBN is acting to primarily protect the interest of the depositors and the public. the shareholders are secondary. If the CBN hadn't injected the funds, the banks would have gone under and the shareholders would have been left with nothing Your own statement is a completely different scenarion and the last time i checked that is not the scenarion being presented by Sanusi, hence the bottom line still remains that something illegal is being done by Sanusi and as regards the ownership of those mentioned banks.
So what is the scenario presented by Sanusi, and please provide supporting evidence. What are the illegal actions he has taken,? and please provide evidence of its illegality. |
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No2Atheism (m)
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so if I say I would like to be president, that makes it automatic that I am contesting the next elections? The only thing he has said categorically is that the banks need to be recapitalized, and that does not necessarily equate to new ownership. A bank can be recapitalized by existing shareholders introducing more funds Wrong. If you become insolvent, the CBN has the right to withdraw your banking license, and in cooperation with the NDIC liquidate your assets to address the depositors. Depositor are indirect shareholders in a bank and thus it is not entirely a private business in the sense you make of it. There are other peoples money involved beyond the share holders The actions were taken against the executives but the executives were appointed by the shareholders to protect the shareholders interests. The CBN is acting to primarily protect the interest of the depositors and the public. the shareholders are secondary. If the CBN hadn't injected the funds, the banks would have gone under and the shareholders would have been left with nothing So what is the scenario presented by Sanusi, and please provide supporting evidence. What are the illegal actions he has taken,? and please provide evidence of its illegality. Depositor are indirect shareholders in a bank  the last time i checked NDIC is not saying wat i just quoted So what is the scenario presented by Sanusi, and please provide supporting evidence.
What are the illegal actions he has taken,? and please provide evidence of its illegality. Scenario/Evidence: Public declaration of intent to sell banks to foreign investors obviously without recourse to shareholders, cus the last time i checked, i have not seen a shareholder saying he or she seeks to sell the banks. Hence its a unilateral and illegal decision of the CBN governor to sell private property. Public declaration of intent to sell the banks by Sanusi is my evidence . . . if that is not enough, well then i rest my case, even as i look forward to your opinion of the same scenario of change of ownership being metted out to your property of similar characteristics since u believe its legal. |
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biina
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so when a bank is liquidated, who does te NDIC settle with first? Scenario/Evidence: Public declaration of intent to sell banks to foreign investors obviously without recourse to shareholders, cus the last time i checked, i have not seen a shareholder saying he or she seeks to sell the banks.
Hence its a unilateral and illegal decision of the CBN governor to sell private property.
Public declaration of intent to sell the banks by Sanusi is my evidence . . . if that is not enough, well then i rest my case, even as i look forward to your opinion of the same scenario of change of ownership being metted out to your property of similar characteristics since u believe its legal.
You have not provided evidence of said declaration of intent to sell banks? e.g. an article, an interview etc. I expect evidence were he states that he is going to sell the banks, not your interpretation to phrases like 'I prefer if they are sold' You should not confuse morality with legality. While you and I may feel it is wrong, that does not make it illegal. If I had a bank, I would be fully aware of the legal frame work under which I am operating. As to the illegality of selling the banks, from the BOFIA (where Bank is the CBN and bank is the target bank) 33. (1) Where a bank informs the Bank that:-
(a) it is likely to become unable to meet its obligations under this Decree; or
(b) it is about to become unable to meet its obligations under this decree; or
(c) it is insolvent; or
(d) where, after an examination under section 32 of this Decree or otherwise howsoever, the Bank is satisfied that the bank is in a grave situation as regards the matter referred to in section 32 (1) of this Decree,
the Governor may be order in writing exercise any one or more of the powers specified in subsection (2) of this section.
(2) The Governor may be order in writing under subsection (1) of this
section:
(a) prohibit the bank from extending any further credit facility for such period as may be set out in the order, and make the prohibition subject to such exceptions, and impose such conditions in relation to the exceptions as may be set out in the order, and from time to time, by further other similarly made, extend the aforesaid period;
(b) require the bank to take any steps or any action or to do or not to do any act or thing whatsoever, in relation to the bank or its business or its directions or officers which the Bank may consider necessary and which is set out in the order, within such time as may be stipulated therein;
(c) remove for reasons to be recorded in writing with effect from such date as may be set out in the order, any manager or officer of the bank, notwithstanding anything in any written law or any limitations contained in the memorandum and articles of association of the bank;
(d) in respect of a bank, notwithstanding anything in any written law or any limitation contained in the memorandum and articles of association of the bank; maximum number of directors, for reasons to be recorded in writing:-
(i) remove from office, with effect from such date as may be set out in the order, any director of the bank; or
(ii) appoint any person or persons as a director or directors of the bank, and provide in the order for the person or persons so appointed to be paid by the bank such remuneration as may be set out in
the order;
(e) appoint any person to advise the bank in relation to the proper conduct of its business, and provide in the order for the person so appointed to be paid by the bank such remuneration as may be set out in the order.
34. If after taking such of the steps stipulated in section 33 of this Decree or such other measures as in the opinion of the Bank may be appropriate in the circumstance, the state of affairs of the bank concerned does not improve, the Bank may turn over the control and management of such bank to to the Nigeria Deposit Insurance Corporation (hereinafter in this Decree referred to as the Corporation) on such terms and conditions as the Bank may stipulate from time to time.
34A Where the Corporation has assumed control over a bank as provided under section 34 of this Decree and such bank is significantly under-capitalised to the extent that its risk weighted assets ratio is below 5 per cent but above 2 per cent, the Corporation may:-
(a) require the bank to submit a re-capitalisation plan acceptable to the Corporation within a stipulated period; or
(b) prohibit the bank from extending any further credit and incurring any additional capital expenditure without the approval of the Corporation; or
(c) notwithstanding the provisions of section 7 of this Decree, require the bank to take such steps or to do or not to do any act or thing whatsoever in relation to the business of the bank or its directors or officers, which the Corporation may consider necessary within such time as the Corporation may stipulate; or
(d) with the approval of the Bank remove, for reasons to be recorded in writing and with effect from any date as may be specified , any director, manager, officer or employee of the bank; or
(e) appoint with the approval of the Bank any person or persons as a director or directors of the bank and cause their remuneration to be provided by the bank.
35.
(1) Where the Corporation has assumed control of the business of a bank pursuant to section 34 of this Decree, the Corporation shall remain in control of and continue to carry on the business of the bank in the name and on behalf of the bank until such a time as in the opinion of the Bank, it is no longer necessary for the Corporation to remain in control of the business of the bank.
(2) Accordingly, the cost and expenses of the Corporation or remuneration of an appointed person of the bank shall be a first charge on the assets of the bank.
36.
(1) In the event that the bank over which the Corporation has assumed control cannot be rehabilitated, the Corporation may recommend to the Ba nk other resolution measures which may include the revocation of the bank’s licence.
37. Where the licence of a bank has been revoked pursuant to section 36 of this Decree, the Corporation shall apply to the Federal High Court for a winding up order of the affairs of the bank.
38A
(1) Notwithstanding any thing to the contrary contained in any law or enactment, no suit shall be instituted against a bank whose control has been assumed by the Corporation.
(2) If any such proceeding is instituted in any court or tribunal against the bank, it shall abate, cease or be discontinued without further assurance other than this Decree.
38B. The Corporation shall, while acting as the liquidator of the licenced bank forward to the bank copies of any returns which it is required to make, from time to time, by the Bank.
44.
(1) Every bank shall, before appointing any director or chief executive seek and obtain the Bank’s written approval for the proposed appointment.
(2) No person shall be appointed or shall remain a director, secretary or an officer of a bank who:-
(a) is of unsound mind or as a result of ill- health is incapable of carrying out his duties; or
(b) is declared bankrupt or suspends payments or compounds with his creditors including his bankers; or
(c) is convicted of any offence involving dishonesty or fraud; or
(d) is guilty of serious misconduct in relation to his duties; or
(e) in the case of a person possessed of professional qualification, is disqualified or suspected (otherwise than of his own request) from practicing his profession in Nigeria by the order of any competent authority made in respect of him personally.
3. No person who has been a director of or directly concerned in the management of a bank which has been wound up by the Federal High Court shall, without the express authority of the Governor, act or ;continue to act as a director of, or be directly concerned in the management of any other bank.So it is fully within the powers of the CBN to change the management and ownership of a bank. |
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hackney (m)
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That is a very welcome idea;
when these banks go full swing under foreign (hopefully european) owners,
the other banks will be taught a lesson in banking:
No incessant texting of customers (alerts) just to have an excuse to deduct money.
No magical disappearance of funds from accounts.
These banks will finally contest on the international market and not having fat and stupid managers only concentrating on how to rip the customers off because they DONT KNOW HOW ELSE TO MAKE MONEY.
AND FINALLY THERE WILL BE CUSTOMER SERVICE WHERE YOU CAN ASK QUESTIONS WITHOUT RUDE ANIMAL RESPONSE.
I have a strong feeling we cannot initiate an organised, efficient and friendly system: I MEAN BLACKS
if you disagree, examples pls.
PS: everybody will move to these banks when this happens and finally i will have an account in Nigeria rather than western union.
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No2Atheism (m)
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so when a bank is liquidated, who does te NDIC settle with first?
You have not provided evidence of said declaration of intent to sell banks? e.g. an article, an interview etc. I expect evidence were he states that he is going to sell the banks, not your interpretation to phrases like 'I prefer if they are sold'
You should not confuse morality with legality. While you and I may feel it is wrong, that does not make it illegal. If I had a bank, I would be fully aware of the legal frame work under which I am operating.
As to the illegality of selling the banks, from the BOFIA (where Bank is the CBN and bank is the target bank)
33. (1) Where a bank informs the Bank that:-
(a) it is likely to become unable to meet its obligations under this Decree; or
(b) it is about to become unable to meet its obligations under this decree; or
(c) it is insolvent; or
(d) where, after an examination under section 32 of this Decree or otherwise howsoever, the Bank is satisfied that the bank is in a grave situation as regards the matter referred to in section 32 (1) of this Decree,
the Governor may be order in writing exercise any one or more of the powers specified in subsection (2) of this section.
(2) The Governor may be order in writing under subsection (1) of this
section:
(a) prohibit the bank from extending any further credit facility for such period as may be set out in the order, and make the prohibition subject to such exceptions, and impose such conditions in relation to the exceptions as may be set out in the order, and from time to time, by further other similarly made, extend the aforesaid period;
(b) require the bank to take any steps or any action or to do or not to do any act or thing whatsoever, in relation to the bank or its business or its directions or officers which the Bank may consider necessary and which is set out in the order, within such time as may be stipulated therein;
(c) remove for reasons to be recorded in writing with effect from such date as may be set out in the order, any manager or officer of the bank, notwithstanding anything in any written law or any limitations contained in the memorandum and articles of association of the bank;
(d) in respect of a bank, notwithstanding anything in any written law or any limitation contained in the memorandum and articles of association of the bank; maximum number of directors, for reasons to be recorded in writing:-
(i) remove from office, with effect from such date as may be set out in the order, any director of the bank; or
(ii) appoint any person or persons as a director or directors of the bank, and provide in the order for the person or persons so appointed to be paid by the bank such remuneration as may be set out in
the order;
(e) appoint any person to advise the bank in relation to the proper conduct of its business, and provide in the order for the person so appointed to be paid by the bank such remuneration as may be set out in the order.
34. If after taking such of the steps stipulated in section 33 of this Decree or such other measures as in the opinion of the Bank may be appropriate in the circumstance, the state of affairs of the bank concerned does not improve, the Bank may turn over the control and management of such bank to to the Nigeria Deposit Insurance Corporation (hereinafter in this Decree referred to as the Corporation) on such terms and conditions as the Bank may stipulate from time to time.
34A Where the Corporation has assumed control over a bank as provided under section 34 of this Decree and such bank is significantly under-capitalised to the extent that its risk weighted assets ratio is below 5 per cent but above 2 per cent, the Corporation may:-
(a) require the bank to submit a re-capitalisation plan acceptable to the Corporation within a stipulated period; or
(b) prohibit the bank from extending any further credit and incurring any additional capital expenditure without the approval of the Corporation; or
(c) notwithstanding the provisions of section 7 of this Decree, require the bank to take such steps or to do or not to do any act or thing whatsoever in relation to the business of the bank or its directors or officers, which the Corporation may consider necessary within such time as the Corporation may stipulate; or
(d) with the approval of the Bank remove, for reasons to be recorded in writing and with effect from any date as may be specified , any director, manager, officer or employee of the bank; or
(e) appoint with the approval of the Bank any person or persons as a director or directors of the bank and cause their remuneration to be provided by the bank.
35.
(1) Where the Corporation has assumed control of the business of a bank pursuant to section 34 of this Decree, the Corporation shall remain in control of and continue to carry on the business of the bank in the name and on behalf of the bank until such a time as in the opinion of the Bank, it is no longer necessary for the Corporation to remain in control of the business of the bank.
(2) Accordingly, the cost and expenses of the Corporation or remuneration of an appointed person of the bank shall be a first charge on the assets of the bank.
36.
(1) In the event that the bank over which the Corporation has assumed control cannot be rehabilitated, the Corporation may recommend to the Ba nk other resolution measures which may include the revocation of the bank’s licence.
37. Where the licence of a bank has been revoked pursuant to section 36 of this Decree, the Corporation shall apply to the Federal High Court for a winding up order of the affairs of the bank.
38A
(1) Notwithstanding any thing to the contrary contained in any law or enactment, no suit shall be instituted against a bank whose control has been assumed by the Corporation.
(2) If any such proceeding is instituted in any court or tribunal against the bank, it shall abate, cease or be discontinued without further assurance other than this Decree.
38B. The Corporation shall, while acting as the liquidator of the licenced bank forward to the bank copies of any returns which it is required to make, from time to time, by the Bank.
44.
(1) Every bank shall, before appointing any director or chief executive seek and obtain the Bank’s written approval for the proposed appointment.
(2) No person shall be appointed or shall remain a director, secretary or an officer of a bank who:-
(a) is of unsound mind or as a result of ill- health is incapable of carrying out his duties; or
(b) is declared bankrupt or suspends payments or compounds with his creditors including his bankers; or
(c) is convicted of any offence involving dishonesty or fraud; or
(d) is guilty of serious misconduct in relation to his duties; or
(e) in the case of a person possessed of professional qualification, is disqualified or suspected (otherwise than of his own request) from practicing his profession in Nigeria by the order of any competent authority made in respect of him personally.
3. No person who has been a director of or directly concerned in the management of a bank which has been wound up by the Federal High Court shall, without the express authority of the Governor, act or ;continue to act as a director of, or be directly concerned in the management of any other bank.
So it is fully within the powers of the CBN to change the management and ownership of a bank.
you are starting to shot urself in the foot. - Can you please point out where it authorises the CBN governor to sell the banks when shareholders are still alive and have not relinquish ownership of their shares.
a. - I don't have any problem with BOFIA, what i have a problem with is the concept that CBN is trying to sell off the banks to other investors when shareholders have not relinquished ownership of the said banks. b. - My point becomes more serious wen one considers that the scenarion being played out had been reported (almost like a prophecy) in March 2009. c. - What makes it more scary is that Sanusi seems to be following the reported script almost like a movie audition . You have not provided evidence of said declaration of intent to sell banks? e.g. an article, an interview etc. I expect evidence were he states that he is going to sell the banks, not your interpretation to phrases like 'I prefer if they are sold'
, somebody is playing PR for Sanusi, If he did not intend to sell he would not have made a public statement (of preference to sell) using his capacity as CBN Governor (unless off course you are trying to convince me that its just ideal talk  ), otherwise it means you yourself are saying he is making unguarded statements are a Central Bank Governor (are you ? ). I am still waiting for your legal document showing where anyone is legal authorised to prefer to sell a property belonging to someone else, (i.e. the shareholders), pls let me not wait for long for your legal evidence . so when a bank is liquidated, who does te NDIC settle with first?
- The Depositors because NDIC was set up to protect the depositors and not the shareholders.
- I am not arguing about the function or lack thereof of the NDIC.
I simply told you that as far as the law is concerned shareholders own the company, hence only they can decide to sell the company to whom ever they wish. Mismanagement of the company does not equate to lose of ownership ( you are free to kindly show me otherwise ) 1. You said depositors are indirect shareholders of banks (which is not true because it is just mere sentiments cus your statement has no legal backing nor meaning).
2. I tend told you that NDIC did not say what you said and which i quoted.
So once again can you please show me how and where depositors are indirect shareholders of the bank. |
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zarabab (m)
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Nigeria is in total mess. We need a violent revolution. where top governmrnt funtionaries like permanent secretaries, Heads of MDAs and even directors in this MDAs, serving and former governors, Serving and former presddents and heads of state, All HRP/assembly members federal and state government. Even the local government bosses and socalled royal fathers should be ERADICATED at once. This shld happen in a matter we got the news of the Five banks CEO. Hence, things will continue be passed from generation to genertion to come. THE SITUATION OF NIGERIA IS WORTH CRYING FOR!  |
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