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Senate Empowers AMCON in New Bill to Seize Debtors’ Assets

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Senate has passed the Asset Management Corporation of Nigeria Amendment (AMCON) bill after considering the report of its Committee on Banking, Insurance, and Other Financial Institutions.

Senate Empowers AMCON in New Bill to Seize Debtors’ Assets

The amendment bill empowers AMCON to, among others, take possession, manage or sell all assets traced to debtors, whether or not such assets or property are used as security/collateral for obtaining the loan.

It also empowers the corporation to access the special tribunal established by the BOFIA, 2020 for dealing with financial related matters.

Presenting the report, Senator Uba Sani (APC, Kaduna Central), chairman of the Committee, said the committee engaged with stakeholders such as AMCON, the Ministry of Finance, Budget and National Planning; Central Bank of Nigeria and Nigeria Deposit Insurance Corporation (NDIC).

According to him, the stakeholders in their submissions pushed for AMCON to be empowered to take possession, manage, foreclose or sell, transfer, assign or otherwise of property used as security for eligible bank assets among others.

This, he said, would provide for a quicker, easier and legitimate process of assets disposal.

Senator Ovie Omo-Agege (APC, Delta Central), deputy president of the Senate, during the clause-by-clause consideration of the bill, sought to know the rationale behind the recommendation of the committee in clause two, which empowers AMCON to take possession of assets outside of those used as collateral in obtaining a loan request.

He said: “The essence of collateral is that in the event of default, you lose that asset. What I am reading here is that in addition to seizing that asset, they (AMCON) want to go beyond that to every other asset or property that is traceable to the debtor. I think I need some clarifications to that.

Senator Bassey Akpan (PDP, Akwa-Ibom North-East) also said no creditor should be allowed to go outside the asset presented for the facility.

Senator Adamu Aliero said: “Mr. Chairman, if you can recall, during debate on this bill, senators made it abundantly clear that these debtors are taking government money and they are using it freely and going free, and we need stringent measures to be enforced to recover the money.”

Dr. Ahmad Lawan, president of the Senate at this point, called for a voice vote on the contentious clause, which eventually was adopted by the majority.

After the passage of the bill, Senators Bassey Akpan and Chukwuka Utazi, while relying on Point of Order 73, contested Lawan’s ruling by requesting for a division.

Utazi kicked against the clause empowering AMCON to take possession of assets traced to debtors, saying that most of the banks that have those bad debts colluded with the customers in doing that in the first place.

Interjecting, Lawan said: “When we come to legislate, we all come here with a very clear mind; that we are doing this for our country. We don’t have any interest but the national interest. And when the majority of our colleagues here in their judgement feel that this is the right thing to do, that’s the majority view, unless we have any cause to reverse ourselves.

”If the majority of senators say this is what they feel should be done to remedy a situation that requires our attention, I think we should allow that.

And besides, I believe we had explanations from the committee members who went through all the processes; So, I believe that we should let it go. Let the people go to court to test it, but our hope and desire is for AMCON to be able to recover huge sums of money – trillions that people have taken and now is on the head of Nigerians. And, it is criminal, really. People will consciously take money. I will advise that we stick to our decision.”

Senators Bala Ibn Na’Allah (APC, Kebbi South) and Opeyemi Bamidele (APC, Ekiti Central), advocated the inclusion of a provision amid the AMCON amendment, to give it precedence over any other law that may be used to cite an instance of conflict.

Na’Allah stated that they have to put a clause to say, ‘notwithstanding the provisions obtained in any other law to enable the law take effect.’

Senator George Thompson Sekibo (PDP, Rivers East), while citing the Senate rules, observed that it will be out of order to reconsider any specific question, upon which the Senate has come to a conclusion during the current session, except upon a substantive motion or decision.

He said: ”All the discussion we are making on it now is of no value, they are not supposed to be recorded because we have come to a decision on it. It may be wrongly or rightly, but we have ended it.”

Lawan, thereafter, ruled in favour of the provision of the Senate Rule cited by Sekibo and the bill was passed.


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E-Financial

NDIC Begins Auction of Defunct Heritage Bank’s Landed Assets

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Nigeria Deposit Insurance Corporation (NDIC) has commenced process for the sale of landed properties and chattels of failed Heritage Bank, in a bid to ensure timely declaration of liquidation dividends to uninsured depositors.

NDIC Begins Auction of Defunct Heritage Bank’s Landed Assets

The exercise is pursuant to the corporation’s statutory powers as liquidator of failed banks under section 62 (1)(d) of the NDIC Act, 2023. It also comes after the exercise for the sales of physical assets of the defunct bank at its leased locations nationwide

According to a statement that was issued by NDIC, the sale of landed assets is by competitive bidding and will take place at the 36 affected locations of the bank across the country, from Wednesday, December 4, 2024.

The statement said buyers who wish to participate in the auction are expected to follow laid down guidelines aimed at ensuring transparency, fair competition, equity and accountability to enable recovery of commensurate values from the exercise. This is vital for the payment of liquidation dividends to eligible claimants.

In order to allow the continuation of provision of financial services to the Nigerian public at the locations of the closed bank towards bolstering financial inclusion, preference shall be given to financial institutions who are willing to buy any of the properties at the highest auctioned prices along with all the physical assets at wholesale value.

However, corporate bodies and private individuals willing to compete are equally eligible to compete in the process without prejudice, as the auction shall be open and competitive to all bidders.

Furthermore, bidders will be given opportunity to inspect the properties and chattels across all locations prior to disposal.

All interested parties are to make available 10% bid security of the value of their sealed bids to be dropped in the bid box provided at the various centres of the Corporation.

Interested bidders are advised to submit their bids at any of the designated NDIC offices in Abuja, Lagos, Bauchi, Kano, Enugu and Port Harcourt.

 

 

 

 


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Nigeria CPI, USD and Oil in focus

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By Lukman Otunuga, Senior Market Analyst at FXTM

With the US election done and dusted, the focus shifts back to key data from across the globe.

It will be a week packed with inflation figures from major economies, including the United States, China and Germany among many others.

But the spotlight shines on Africas 4th largest economy – Nigeria.

Inflationary pressures have been cooling in recent months but the latest figure for October is expected to have jumped 33.4%, from 32.7% in September. This may be the result of fuel hikes and floods in the northern part of the country affecting the harvest season.

The CBN has been on a mission to support the Naira and attract investments using aggressive monetary policy. Interest rates were raised by 50 basis points to 27.25% in September – marking its fifth consecutive hike in 2024. Should the Naira show signs of stabilizing, annual inflation could peak in the final quarter of this year.

Dollar set for volatile week?

Outside of Nigeria, our attention falls on the US Dollar Index (DXY) which could be rattled by key US data and Fed speeches including Jerome Powell.

Besides, it would be a crime to overlook the index after its aggressively bullish reaction to Trump’s US election win. Prices jumped almost 2% last week Wednesday on the “Trump trade” before giving back post-election gains as the Pound and Yen gained.

Note: The DXY tracks the dollars performance against a basket of six different G10 currencies, including the Euro, British Pound, Japanese Yen, and Canadian dollar.

With all the above said, the DXY could see more price swings.

* US October CPI report

The October US Consumer Price Index (CPI) report to be published on Wednesday 13th November could impact Fed cut expectations around lower US interest rates in December and beyond.

Markets are forecasting: 

  • CPI year-on-year (October 2024 vs. October 2023) to rise 6% from 2.4%in the prior month
  • Core CPI year-on-year to remain unchanged at 3%
  • CPI month-on-month (October 2024 vs September 2024) to remain unchanged at 2%
  • Core CPI month-on-month to remain unchanged at 3%.

Headline and core CPI inflation is expected to remain unchanged at 0.2% and 0.3% MoM in October, but the year-over-year headline number is expected to rise 2.6% from 2.4%.

Further evidence of cooling price pressures may support the case for another rate cut in December.

Traders are currently pricing in a 65% probability of another 25-basis point rate cut by the end of 2024.

A softer-than-expected US CPI report has the potential to drag the DXY lower. Should the CPI report beat market forecasts, the DXY could push higher.

Oil hit by China demand woes

Oil tumbled last Friday after Chinese stimulus measures disappointed investor expectations.

Brent shed roughly 1.6% last week as renewed concerns about demand in China and uncertainty over the impacts of Trump’s presidency weighed on the global commodity.

Last week, we discussed how Trump’s victory may pressure oil – possibly hitting oil producing nations like Nigeria. His return to the White House could result in higher domestic oil production while potential tariffs on China may impact global demand. This combination of rising supply and falling demand could enforce fresh pressures on oil which is down 4% since the start of 2024. Should oil prices continue to weaken, this could be a threat to countries who acquire a chunk of their revenues from oil sales.

 


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Ecobank, Nium Partner to Unlock Real-Time Cross-Border Payments Across 35 African Markets

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Nium, the leading global infrastructure for real-time cross-border payments, announced a partnership with Ecobank Transnational Incorporated, the leading independent pan-African financial services group, to enable seamless cross-border payments across 35 African markets for more than 32 million customers.

This partnership is set to revolutionise the region’s payments landscape by enabling faster, more efficient international payments for businesses and consumers alike.

Nium’s real-time payments infrastructure will be integrated into Ecobank’s existing banking operations, empowering Ecobank to enhance its services for small and medium-sized enterprises (SMEs). Ecobank will connect its existing Swift workflows to Nium, gaining access to real-time transfers, updates, clearing, settlement, and payment tracking, without the need for complex API integrations.

This will significantly reduce waiting times for cross-border payments, enabling businesses to make faster payments to over 220 markets, including over 100 countries with real-time capabilities.

Ecobank is a critical financial partner in sub-Saharan Africa. Through this partnership, Ecobank’s customers across the region will benefit from an enhanced payments experience that allows faster and more efficient cross-border transactions, unlocking new opportunities for SMEs to connect with global markets.

Anupam Pahuja, General Manager and Executive Vice President for APAC, Middle East and Africa at Nium, said, “We are thrilled to partner with Ecobank and introduce Nium’s cutting-edge real-time payment capabilities to Africa.

“This collaboration represents an important step forward in expanding our global payments network, and we are proud to support Ecobank in delivering faster, more efficient payments for its customers across the region.”

“Partnering with Nium allows us to enhance our service offerings and provide our customers with faster, more efficient cross-border payment solutions.

“By leveraging our unique API-based payment platform, this collaboration is a significant step towards advancing financial inclusion and connectivity across Africa and enabling businesses to thrive in a global marketplace,” said Jeremy Awori, CEO of Ecobank Group.

Ecobank can exchange its existing SwiftMT & ISO20022 messages with Nium to initiate payments on the real-time platform, accelerating business growth and improving the speed and accuracy of cross-border payments for African businesses.

The partnership also aligns with Nium’s broader strategy to enhance global financial inclusion, enabling access to real-time payments in regions where traditional banking systems may be slow or unreliable. Through this collaboration, Ecobank is now better equipped to provide an unmatched cross-border payment experience for its customers, while Nium continues its mission to democratize access to the world’s largest real-time payments network.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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