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Economy

45 account holders abandon N1.2trn in Nigerian banks

Zainab Ahmed, Minister of Finance, Budget and National Planning

—as  house of Reps commences move to retrieve trapped fund

 

Forty-five account holders have had their funds, running to the sum of over N1.2 trillion, trapped in the Deposit Money Banks(commercial banks) over their failure to link the accounts to Bank Verification Numbers(BVN) and the Treasury Single Account policy of the Federal government.

However, the House of Representatives Ad Hoc Committee on Unclaimed Funds in the Commercial Banks and Infractions by the Central Bank of Nigeria(CBN) has commenced a process to free the trapped funds from the strong rooms of the concerned banks.

The House had on January 26, 2022, resolved to set up the committee to investigate the “suspicious and unclaimed funds” sitting with various accounts.

The House had mandated the committee to also investigate the unremitted funds collected on behalf of ministries, departments and agencies of the Federal Government by the banks.

The House had further mandated the committee to look into the alleged “several infractions by the Central Bank of Nigeria against the provisions of the enabling Act and Laws of the Federal Republic of Nigeria and the good people of Nigeria, especially in the area of intervention projects and programs.”

The committee is to report back within eight weeks for further legislative action.

These resolutions were based on a motion moved by a member, Dachung Bagos, titled ‘Need to Investigate Unclaimed Funds in Nigerian Commercial Banks and the Infractions by the Central Bank of Nigeria,’ which the lawmakers unanimously adopted.

Moving the motion, Bagos noted that the Bank Verification Number was introduced by the CBN in 2014 to the Nigerian banking system as a way of checking and combating money laundering, illicit financing and duplicitous ownership of bank accounts used for fraud.

He also noted that about seven years after the introduction of the BVN, about 45.85 million bank accounts across Nigeria are yet to be linked to BVNs, as data released by the Nigerian Inter–Bank Settlement Systems on June 23, 2021, disclosed that the total number of bank accounts in Nigeria, as of May 2019, was pegged at 122.071 million and the active accounts, as of May, 2020 stood at 72.936 million.

On Monday, the committee was inaugurated with several invited ministries, departments and agencies of the Federal Government as well as banks in attendance.

Unyime Idem, chairman of the committee, after representatives of the MDAs made their remarks, said, “For commercial banks, this resolution stipulates that you submit documents that would help us recover unclaimed funds in about 45 million accounts that are not linked to the BVN.

“About 45 million accounts are what the House has been able to discover through the recent reports. Those accounts are not linked to BVN. So, money in those accounts, we want to know the positions, whether you have refunded the FG or what happened to the funds. You are going to give us documents to back these investigations.”

According to Idem, the committee’s assignment is “enormous, crucial and sensitive, given what the country is facing economically.”

He said, “We believe that the outcome of it (probe) would help the country to recover a very substantial part of the unclaimed funds that have been hanging in some of the Nigerian commercial banks and other unauthorized hands.

“Money meant for the Federal Government is not supposed to sit with unauthorized hands for a very long time. Any money that was disbursed or meant for the Federation Account, if the contract has failed or was not executed, the proper thing is for the money to be refunded to the same source it came from.

“But unfortunately, whether out of oversight or deliberate; for whatever reason, so much money, based on the recent discovery, has been tied down somewhere. That is what informed the National Assembly, precisely the House of Reps, to commence this investigative hearing.”

The lawmaker also read a riot act to the stakeholders, saying, “For commercial banks and other agencies that are sitting on these funds that belong to the Federal Government, that are not willing show cooperation and not willing to refund; for banks that are collecting funds on behalf of the government, I think this House would not have a choice but to stop you from collecting funds on behalf of the government if you don’t show cooperation.

“But if you do, it would be a win-win. When we look at your books and then you check the one that belongs to the government and refund it appropriately, there would not be any issue.”

Earlier while declaring the event open, Ahmed Wase, deputy speaker of the House, noted that the motion stated that about N1.2tn was not paid into the Consolidated Revenue Fund. He said the probe was necessary “so that we can improve the infrastructure deficit and other challenges in our nation.”

In his remarks, Ben Akabueze, Director-General of the Budget Office, who represented Zainab Ahmed, Minister of Finance, Budget and National Planning, noted that over years, there had been circulars from government authorities to those concerned to enforce the TSA and BVN policies.

Akabueze said, “When we received this invitation that talked about unclaimed funds in Nigerian commercial banks, basically, my initial reading of this was that it was related to inactive accounts, dormant accounts; because the extant regulation guiding the management of these issued by the CBN, in October 2015, provides guidelines for the management of inactive accounts, dormant accounts and unclaimed funds.

“Those guidelines obligate any bank to have notified the Federal Government of the existence of any such funds belonging to it. If they had, I am sure that those funds would not be there. I hope, without prejudice to the work of this committee, that the CBN would also do the job of enforcing its own guidelines.

“As the work of the committee progresses, whatever other specific information required of us as a ministry, we would be able to provide.”

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Economy

Court reverses self over contempt charge against Fidelity Bank chief

Managing Director of Fidelity Bank,Nneka Chinwe Onyeali-Ikpe
The Eyewitness reporter

A Chief Magistrate Court sitting in Ikeja, Lagos has vacated its ruling that convicted and sentenced the Managing Director of Fidelity Bank,Nneka Chinwe Onyeali-Ikpe and Company Secretary of Fidelity Bank, Mrs. Unuigboje Ezinwa to six weeks in prison or a fine of Four Hundred Thousand Naira respectively for contempt.

The Chief Magistrate, Mr. Lateef Owolabi vacated the order in a Suit No: MIK/4726/22 between Justin Ahmed, (judgement creditor),  Prince Enabulele Osazee, (judgement debtor) and Fidelity Bank Plc, (1st Garnishee/Applicant).
The court, in an earlier ruling delivered on February 6, 2023,  held that the Managing Director of Fidelity Bank, Nneka Chinwe Onyeali-Ikpe and the Company Secretary, Mrs. Unuigboje Ezinwa should be committed to six weeks’ imprisonment over alleged disobedience of a garnishee order of the court restraining the bank from allowing a judgement debtor access to his account.
However, at the resumed proceedings on the matter on Feb 15, 2023, the court vacated the committal order on the premise of facts presented before the court that the alleged acts of contempt were not deliberate but arose out of a communication gap between the said parties and the erstwhile counsel.
The court in its ruling also stated that the error or sin of the counsel should not be visited on a party or litigants. The court also noted that the monies that were the subject matter and fulcrum of the contempt proceedings have since been paid to the judgment creditor.
“From the materials presented before this court by the applicant, this application falls within the classic rule where the error or sin of the counsel should not be visited on a party or litigants. Moreover, the applicant has averred that the monies subject matter, the fulcrum of the contempt proceedings had since been paid to the judgment creditor.
”Having fully discharged this payment to the satisfaction of the judgment creditor, this court should not be seen to cry more than the bereaved”, Mr Lateef Owolabi held.
”The solicitor to the bank explained that Fidelity Bank, being a law-abiding institution that will never or under any circumstance, directly or indirectly denigrate the integrity of the nation’s judiciary, had upon receipt of the garnishee order nisi on December 22, 2022, conducted a search immediately, and the result showed several accounts bearing similar names to the Judgment Debtor’s (Prince Enabulele Osazee).”
”To prevent the bank from erroneously restricting the wrong account, the bank filed an affidavit requesting additional account details to enable it to ascertain the correct account(s) to restrict.”
He further stated that, on January 16, 2023, the bank received the Judgment Creditor’s affidavit showing the account number of the Judgment Debtor. Armed with the correct account number, the bank immediately identified and placed a lien on the Judgment Debtor’s account. Unfortunately, during the intervening period, the judgement debtor had carried on depositing and withdrawing from his account.
In vacating the order on February 15, 2023, the Chief Magistrate held that based on the materials before the court, the applicant has been able to tether the law to the facts to warrant the grant of the relief sought on their own strength and not based on lack of opposition.

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Economy

Supreme court restrains FG from enforcing naira swap deadline

The Eyewitness reporter
There was a temporary relief for Nigerians over the scarcity of naira notes as the Supreme Court has issued an order of interim injunction restraining the Federal Government and the Central Bank of Nigeria (CBN) from enforcing the  February 10 deadline for the phasing out of the old naira notes.
A five-member panel of the court, led by Justice John Okoro said that it was a matter of urgent national importance that the court intervenes and grant the order.
The ruling was on an ex-parte motion filed by the governments of Kaduna, Kogi and Zamfara states
The order, according to Justice Okoro, who read the lead ruling, is to subsist pending the hearing and determination of the motion on notice filed by the state for interlocutory injunctions.
The court adjourned till February 15 for the hearing of the motion on notice and the preliminary objection filed by the defendant – the Attorney General of the Federation (AGF), challenging the court’s jurisdiction over the case.
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Economy

CBN succumbs  to pressure, extends use of old naira notes to February 10

The Eyewitness reporter
The Central Bank of Nigeria (CBN) has finally caved in to Public outcry over the February 1st deadline for the use of old naira notes when on Sunday, the apex bank announced February 10 as the new date.
Announcing the new deadline in a statement, Governor Central Bank Of Nigeria(CBN), Godwin Emefiele, said the decision to add extra 10 days was “to allow for the collection of more old notes”

Up till Saturday, CBN had insisted on the 31st January deadline for the validity of the old N200, N500 and N1,000 despite overwhelming complaints that the notes are either not available or in short supply in the banks or their Automated Teller Machines.

Last October, Emefiele announced the Naira redesign policy which entails the issuance of new notes to replace the existing N200, N500 and N1,000 series.

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