• The Achilles' Heel of Whistleblowing in the Nigerian Banking Industry

    The Achilles’ Heel of Whistleblowing in the Nigerian Banking Industry

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    Dr. Fola Adeyemo, Lecturer, Kingston University UK in her paper, “The Achilles’ Heel of Whistleblowing in the Nigerian Banking Industry”,laments the absence of a robust statutory framework for protection of whistleblowers in Nigeria. She analyses the current legal structure on whistleblowing in Nigeria with emphasis on the banking industry. The analysis is against the background of the more extensive provisions in the US and the UK.  She concludes with the lessons Nigeria can learn from the two countries.

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  • Troubled Assets Resolution in Search of the Best Approach

    Troubled Assets Resolution in Search of the Best Approach

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    Hon. Justice (Dr) Nnamdi Dimgba of the Federal High Court Abuja, and the quartet of Abayomi Okubote, Opeyemi Osinubi, Joseph Onele and Yuli Eyesan in their paper, “Troubled Assets Resolution-In Search of the Best Approach”,examine the concept of asset resolution with particular regard to consensual and quasi-consensual resolution mechanisms. Using AMCON as a case study, and analysing its mandate to manage and dispose of acquired eligible banks assets (EBAs), and drawing relevant examples from Italy, China and Indonesia, they consider adversarial recovery methods, and non-adversarial consensual or quasi-consensual resolution options by which the ‘toxic assets bank’ may fulfill its mandate. They conclude that the “best” approach would be to adopt a mix of resolution options and treat each case as it arises.

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  • Central Bank of Nigeria 2016 Guidelines for Banking Operations in the Free Zones: Need for Caution

    Central Bank of Nigeria 2016 Guidelines for Banking Operations in the Free Zones: Need for Caution

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    Joseph Onele, Legal Practitioner, Olaniwun Ajayi LP in his article “Central Bank of Nigeria 2016 Guidelines for Banking Operations in The Free Zones: Need for Caution”, analyses the CBN Guidelines vis-à-vis the provisions of the Bank and Other Financial Institutions Act (BOFIA), and the Nigeria Export Processing Zones Act. Would branches of a bank with valid banking license be able to operate in the free trade zones or would an existing branch of a bank have to become a subsidiary of the parent bank to be able to operate? Can the CBN by its Guidelines extend the frontiers of BOFIA? Onele in his usual inimitable style considers all sides of the argument and urges a need for caution.

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  • Exploring the Requirement of Capital Adequacy and Bank Stability in Nigeria

    Exploring the Requirement of Capital Adequacy and Bank Stability in Nigeria

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    Dr Chinenyeze Amaechi of the Faculty of Law, Imo State University, Owerri in his article “Exploring the Requirement of Capital Adequacy and Banking Stability in Nigeria” explores the world of bank failures beyond capital adequacy. He argues that in spite of the fact that Nigerian banks have been implementing capital standards that are above the Basel minimum requirements, bank failures are still threateningly close due to inadequate regulatory measures, high rate of non-performing loans and corporate governance failures. He contends that the macroprudential and stabilising impact of the Asset Management Corporation of Nigeria, AMCON, in mopping up banks’ toxic loans has been blighted by controversies surrounding transparency issues and in leaving rescued banks without working capital.

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  • Examination of the Effectiveness of Micro and Macro Prudential Policies in Achieving Bank Stability with Special Focus on Basel III

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    Dr. Amaechi Chinenyeze of the Imo State University pushes the theme in Professor Ajayi’s paper further by arguing that micro prudential policies which aim at stabilising individual banks may not be enough and that monetary and fiscal policies must supplement micro and macro prudential policies in order to be effective in achieving system wide economic stability. His article, “Examination of the Effectiveness of Micro and Macro Prudential Policies in Achieving Bank Stability with Special Focus On Basel III”, is an essential read for banking regulators.

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