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A businessman who wants a loan is almost ready to do anything. He would grovel if the loan officer asks him to, he would bark like a dog if he needs to. However, the moment the loan is granted, he becomes egoistic and wants to cross all the ‘T’s and dot the ‘I’s of the contract.

This seems the story of the average Nigerian businessman who needs a loan for his business, but is just not ready to pay back, so he consciously or unconsciously schemes a way out.

Like a lazy young man being fed by his father, he begins to imagine that he could have gotten a better deal. He starts to ask himself how he didn’t see the loopholes in the contract forgetting that the so-called loopholes were the condition for granting the loan, and that he only got the loan because the bank offered it to him on their term, a term he gladly accepted.

With the number of bank/businessmen cases scattered in several courts all over Nigeria, one is forced to wonder if businessmen makeup their minds not to pay back loans obtained from banks. One is also forced to ask if these men obtaining the loans are aware that if they don’t pay back, others won’t get.

In most cases, businessmen tag the bank the villain, the bully and the thief. Tales of interest not properly calculated abound; gist of banks dragging their customers to court to recoup their monies is like a never ending story in Nigeria. But in all of the situations, businessmen and some soft brained individuals conclude that the bank is the one to be blamed.

Generally, businessmen seem to easily reach a quick concluded that the bank is always after their collateral and business. Shamefully, issues that are supposed to be sorted in court become a social media topic, a farce indeed.

One fact which can and should never be forgotten is that a man who borrows should know that he would on an agreed date payback his debt. This is the basic meaning of a loan, but it seems to elude some Nigerian businessmen.

This is not the story of GTBank and Innoson, no it is not. In fact, it is the tale of a seemingly endless trend being suffered by Nigerian banks in the hands of businessmen, who obtain loans that they don’t intend to pay back or are just too dull to manage profitably. Access Bank, Zenith Bank and several other banks have walked this path and the truth is that soon, banks might decide not to give out loans anymore, who will blame them?

The GTBank/Innoson legal battle is just another story of a loan granted with reluctance to pay back. Below is a basic analysis of what went wrong.

The Facts:

  1. GTBank (in 2009) granted Innoson several credit facilities (i.e loans) totalling N2,400,000,000,00 (two billion, four hundred million Naira only), to part finance working capital requirements, import new motorcycles and motorcycle spare parts, agricultural spare parts and plastic manufacturing equipment (“Imported Goods”).
  2. Under the loan terms agreed by Dr. Innocent Chukwuma on behalf of Innoson, proprietary interest in the Imported Goods was consigned exclusively in favour of the Bank. This means that the Bank was the exclusive owner of the Imported Goods. Accordingly, the original shipping documents (i.e. the Bills of Lading) were in the custody of the Bank, and have remained in the custody of the Bank at all times.
  3. Because GTBank was the exclusive owner of the imported goods, ownership of the goods could only be transferred to Innoson (or any other third party) by the Bank. The condition in the agreement between the Bank and Innoson, for the release of the Imported Goods by the Bank to Innoson, was the payment of 25% of the value of each Letter of Credit transaction by Innoson.

More Facts:

  1. Innocent Chukwuma approached the Bank, on behalf of Innoson, requesting the release of the shipping documents without payment of the agreed+ 25% equity. The Bank declined his request as a result of Innoson’s failure to meet the agreed conditions.
  2. It came to the Bank’s knowledge sometime in June, 2011 that the Imported Goods for which the Bank declined to release shipping documents to Innoson in view of its failure to meet the agreed conditions, had been fraudulently procured by Innoson.
  3. The Bank discovered that Innoson, under the control of Dr. Innocent Chukwuma, had forged the Bank’s endorsement on the bills of lading to the Shipping Line and fraudulently cleared the Imported Goods which were in the name of the Bank. The Imported Goods, being property of the Bank should not have been cleared from the Port without the original shipping documents being endorsed by the Bank in favour of Innoson, or any third party.
  4. The signatures of 4 (four) staff of the Bank, to wit, Taofeek Olalere, Dan Attah, Bunmi Adeyemi and Amazu Amalachukwu, as well as the Bank’s stamp were forged on all the shipping documents used by Innoson to fraudulently clear goods at the port. The Bank did not at any time endorse or transfer the shipping documents to Innoson, as the originals of each of the relevant Bill of Lading remain in the Bank’s custody to this very day.
  5. When the Bank reported the matter to the Nigeria Police, Dr. Innocent Chukwuma claimed the Bank released the shipping documents to him. Consequently, the Police commenced investigation into the Bank’s complaint, including a forensic examination of the disputed signatures, and established that the signatures of the Bank’s staff were forged, and the Imported Goods were fraudulently cleared from the Nigerian Ports Authority by Dr. Innocent Chukwuma and his accomplices.

The Police Angle:

  1. Police investigations confirmed that Innoson and Dr. Innocent Chukwuma deliberately set out to defraud, steal from the Bank and convert the Imported Goods belonging to the Bank by deceptive means and through forgery and misrepresentation. The unlawful takeover of the Imported Goods, which served as the Bank’s collateral, left an indebtedness in excess of the sum of N1,654,481,895.04 (one billion, six hundred and fifty four million, four hundred and eighty one thousand, eight hundred and ninety five Naira, four Kobo) as at September 26, 2012.
  2. Chief Innocent Chukwuma was arrested and interrogated by operatives of the EFCC, following which he agreed to make monthly payments into Innoson’s account until the full liquidation of Innoson’s indebtedness to the Bank. However, Innoson defaulted in making the agreed payments. Investigations by the Nigeria Police following a petition by the Bank in September 2013 also found Innoson and Chief Innocent Chukwuma culpable of the criminal allegations levied against them by the Bank, and Chief Innocent Chukwuma was accordingly charged to court by the Police.
  3. The Police filed Charge No. FHC/L/565C/2015-Inspector General Of Police And Innoson Nigeria Limited; Innocent Chukwuma;Charles Chukwuma;Maximian Chukwura; Mitsui Osk Lines; Annajekwu Sunny for fraudulent clearance of goods, forgery, conversion, stealing and conspiracy presently pending before Faji J, at the Federal High Court, Ikoyi and adjourned to November 21, 2017 for arraignment/or hearing of motion for issuance of Bench Warrant.

Innoson’s Angle:

  1. Innoson approached the Bank for a reconciliation of his account and pleaded for a debt forgiveness. A reconciliation was carried out on the account – which had a debit balance of N1,654,481,895.04 as at December 31, 2011. In the spirit of amicable resolution and EFCC intervention, the Bank said it agreed to forego the sum of N559,374,072.09 which represented default charges that has accrued on the account and debited in line with the loan agreement between the customer and the Bank.
  2. Based on this, the Bank decided to accept from the customer, the sum of N1,095,107,822.95 as full and final payment of the customer’s indebtedness to the Bank, provided that same shall be fully paid not later than (30) days from the date of the letter written to him
  3. Surprisingly, Innoson commenced suit no: FHC/AWK/CS/2012 against the Bank at the Federal High Court, Awka stating the bank had debited its account with excess charges totalling N559,374,072.09 and obtained judgement in excess of N4.7Billion against the Bank. Again, choosing to dishonour an agreement that was amicable reached between him and the Bank for a full and final settlement of N1,095,107,822.95 wherein the Bank graciously forgave him the sum of N559,374,072.09 which accrued on his account during the period which he abandoned his account.
  4. To further stall the criminal proceedings against him, Chief Innocent Chukwuma and his company instituted suits at the Federal High Court, Abuja, as well as the Federal High Court, Awka in January 2014 against The Inspector General of Police, The Nigeria Police Force and Investigating Officer(s), seeking declaratory and injunctive reliefs, including orders restraining the Police from commencing criminal proceedings against Innoson and Chief Innocent Chukwuma. Furthermore, in a bid to stall the Bank’s recovery steps, and distract the Bank from focusing on the criminal action, as well as civil actions filed for recovery of the debt, Chief Innocent Chukwuma and his company Innoson have continued to institute various spurious suits before various courts, claiming frivolous and outrageous sums against the Bank.

Court Proceeding:

  1. In responding to Innoson’s motion for a stay of criminal proceedings at the Court of Appeal, the Honourable Justice J.S Ikyegh on September 17, 2017 dismissed the motion for being unmeritorious and ordered that proceeding in the criminal case against Innoson should proceed.
  2. On October 12, 2017, the Police through its Charge No. FHC/L/565C/2015- filed an application for the issuance of bench warrant against Innocent Chukwuma; Charles Chukwuma and Annajekwu Sunny for fraudulent clearance of goods, forgery, conversion, stealing and conspiracy presently pending before Faji J, at the Federal High Court, Ikoyi and adjourned to December 8, 2017 for arraignment/or hearing of motion.

Summation:

The facts having been established, a man who obtains a loan should be ready to pay back. If he brings a proposal, he should be ready to follow the terms and condition to the later. In this case, the bank is NOT the villain.

Lukmon Akintola writes from Lagos state

BIG STORY

NNPCL Executes Gas Sale Agreement With Dangote Refinery

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The Nigerian National Petroleum Company Gas Marketing Limited (NGML), a subsidiary of NNPCL, has signed a Gas Sale and Purchase Agreement with Dangote Petroleum Refinery and Petrochemicals, Lagos.

The agreement was signed on Tuesday at the Corporate Head Office of Dangote in Falomo, Lagos, by Justin Ezeala, the Managing Director of NGML, and Aliko Dangote, the President/Chief Executive Officer of the Dangote Group. It outlines the supply of natural gas for power generation and feedstock at the refinery.

“This major milestone is in line with President Bola Tinubu’s policy of utilising Nigeria’s abundant gas resources towards revamping the nation’s industrial growth and kickstarting its economic prosperity.”

“This development, which sees a huge investment of this nature penned with zero capital expenditure outlay, has been described by many as unprecedented in the history of NGML or any gas Local Distribution Company in the country,” stated Olufemi Soneye, NNPCL spokesperson, on Wednesday.

According to Soneye, under the terms of the agreement, NGML will supply 100 million standard cubic feet of gas per day—50MMSCF/D as firm supply and the remaining 50MMSCF/D as interruptible natural gas supply to the refinery. This agreement will last for an initial period of 10 years, with options for renewal and expansion.

“This collaboration is a significant step toward ensuring the operational success of the Dangote Refinery and enhancing Nigeria’s domestic gas utilisation.”

“NNPC Ltd, through NGML, its gas marketing subsidiary, continues to lead efforts in promoting the use of domestic gas to support industries and businesses nationwide.”

“The agreement represents a milestone for both NNPC Ltd and Dangote refinery, aligning with their shared commitment to boosting local production and providing vital products for the benefit of all Nigerians.”

“It is also further proof of NGML’s unwavering commitment to business excellence and fulfilling NNPC Ltd’s core mandate of ensuring Nigeria’s energy security through the execution of strategic gas projects across the country,” the statement concluded.

Reports indicate that the Dangote refinery alone is equipped with a 435MW power plant capable of meeting the total power needs of the Ibadan Electricity Distribution Company.

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BIG STORY

UBA And Mastercard Introduce Debit Card With Benefits And Discounts To Commemorate UBA’s 75th Anniversary

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Africa’s Global Bank, United Bank for Africa (UBA) Plc, has collaborated with Mastercard to launch a commemorative debit card in celebration of UBA’s 75th anniversary.

This collaboration aims to honor UBA’s long-standing customer relationships and enhance their banking experience with a range of offers and discounts across multiple platforms.

UBA’s Group Managing Director/Chief Executive Officer, Oliver Alawuba, who spoke at the unveiling, highlighted that the card comes loaded with certain benefits aimed at rewarding customers, including limited 25% off purchases on Jumia and USD75 cashback on transactions made through AliExpress.

He added that this initiative symbolizes the shared vision between UBA and Mastercard towards empowering Africans by enhancing customer experience through secure and convenient transactions.

“This new card represents the deepening of our relationship and our shared mission to empower millions of Nigerians and Africans, by providing them with access to secure transactions and new opportunities across the continent,” Alawuba said.

The GMD also disclosed the bank’s plans to unveil similar products across all its subsidiaries. “We are proud of this collaboration, and we are confident that Mastercard’s role in Africa will only grow stronger in the coming years,” he added.

Mark Elliott, Division President for Africa, Mastercard, expressed his appreciation for the UBA collaboration, emphasising its significance in supporting Africa’s digital economy. “We are excited to collaborate with UBA to celebrate this milestone and bring more value to customers across Africa. This commemorative card is more than just a product; it reflects our commitment to advancing financial inclusion and supporting Africans in accessing secure, convenient and impactful financial solutions.”

Elliott highlighted the immense opportunities within the African payment ecosystem and shared that Mastercard is eager to explore new opportunities with UBA. “Together with UBA, we are focused on delivering innovation that meet the evolving needs of the region, empowering individuals, and promoting digital growth across the continent,” he stated.

The launch of the commemorative debit card represents a significant step in UBA and Mastercard’s shared journey towards financial empowerment and innovation across Africa.

 

About United Bank for Africa

United Bank for Africa Plc is a leading Pan-African financial institution, offering banking services to more than forty-five million customers, across 1,000 business offices and customer touch points in 20 African countries. With presence in New York, London, Paris and Dubai, UBA is connecting people and businesses across Africa through retail, commercial and corporate banking, innovative cross-border payments and remittances, trade finance and ancillary banking services.

 

About Mastercard

Mastercard powers economies and empowers people in 200+ countries and territories worldwide. Together with our customers, we’re building a sustainable economy where everyone can prosper. We support a wide range of digital payments choices, making transactions secure, simple, smart and accessible. Our technology and innovation, partnerships and networks combine to deliver a unique set of products and services that help people, businesses and governments realize their greatest potential.

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BIG STORY

BUSINESS: IPMAN Members Load Petrol N990 Per Litre — Dangote

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The Independent Petroleum Marketers Association of Nigeria (IPMAN) has announced that over 30,000 of its members are set to purchase Premium Motor Spirit (PMS), commonly known as petrol, in bulk from the Dangote Petroleum Refinery.

IPMAN disclosed that the price of petrol from the $20 billion refinery, located in Lekki, is set at N940 per litre when bought in bulk and N990 per litre when transported by ship or truck.

According to sources, this new agreement with the Dangote refinery may eliminate the need for independent marketers to import petrol, as they will now be able to source their supply directly from the refinery.

Speaking on Channels Television on Tuesday, IPMAN President Abubakar Garima confirmed that retail pump prices for petrol at their outlets would decrease as a result of the deal with Dangote Refinery.

The agreement, finalized on Monday, covers the direct lifting of petrol, diesel, and other petroleum products from the Dangote refinery. This development follows the Nigerian National Petroleum Corporation’s (NNPC) decision to suspend its plan to be the exclusive off-taker of products from the 650,000 barrels per day refinery.

The IPMAN president explained that the Dangote refinery had been obliged to allow marketers to lift PMS, AGO, and DPK directly for onward supply to their depots and retail outlets but didn’t reveal the price.

Giving an update on pricing during the interview, the IPMAN national officer said the Refinery has provided two different rates for marketers based on their preferences.

He said marketers can load at the gantry at a price of N990 per litre or N940 through vessel transportation.

Garima said, “Presently, we have been given two different arrangments on how to buy fuel from the refinery. There is the one that we can load the vessels and carry to our various depots at the rate of N940 per litre. Then for the depots, it is at the rate of N990 per litre.

“The difference is because we have to load it and carry it to another part of the state. We use vessels to carry these products and there is another one to load from the gantry.

“For Port Harcourt, Warri, Calabar, we have to use vessels because there is no Dangote loading gantry there, we have to carry it to our private depot and discharge and distribute it to our members.”

Checks by our correspondent showed that the new price is lower than the N960 and N990 per litre revealed by the refinery for ships and trucks last week.

Garima noted that the collaboration aims to ensure a consistent and affordable supply of Premium Motor Spirit and other products nationwide.

He further projected that the petrol price may be reduced by N50 or more, depending on the location of purchase.

Garima explained that direct purchases from the 650,000-barrel-per-day refinery will eliminate payments to intermediaries, such as the Nigerian National Petroleum Company and depot owners.

According to him, this reduction in costs will be reflected in the prices of petrol within the coming weeks.

“We have the overall market in the country. We go everywhere in the country. The implication goes beyond the issue of price, but still, price is the main target.

“The masses are looking for how we, Independent Petroleum Marketers, can reduce price for them. So the price too will reduce because we are not buying through the third party.

“So the profit that we have been giving to the third party like NNPC and depot owners will be reduced. That is the issue.

“For instance, the current price in Maiduguri now is N1,200 per litre. So with these current changes, it may likely reduce to N1,150, which there is a reduction of N50. So that’s N1,150. It may even be below that.

“And as we continue, you know, this thing, since it’s deregulation. Yes. As we continue. It can go down. It can go down continuously because, provided that the product is available, you may find that the market will come a little bit low, and then the naira will start appreciating. And then if the crude oil price is reduced, automatically, the same thing will be reduced.

Garima also highlighted that this arrangement will help end fuel scarcity, as products will be more readily available.

“Again, the availability is also there. If a marketer pays for a product before, these retailers hold our money before supplying us with fuel. That’s the reason why you may find sometimes these filling stations don’t have fuel.

“But now, since we are getting the product directly from the Dangote refinery, the issue of delay is eliminated. Immediately, we get the product, we discharge to our filling stations,” he added.

Furthermore, Garima revealed that the NNPC has begun settling its N4bn debt owed to marketers.

“The NNPC has been paying our money back. We have been loading. Our money with them is reducing drastically. That one is not a problem for us now.

“The only thing still is that there are some remaining balances that they have not been able to pay our marketers to load the products. I spoke with the MD retail of NNPC and he told me that our balance will soon be sorted out,” Garima said.

On how much Nigerians will purchase, he said, “With this recent development, definitely anywhere you go, you will find that at the end of the day, we have the lowest price.”

Confirming this, the IPMAN National Publicity Secretary, Chinedu Ukadike, has stated that the association has started the completion of the necessary documentation to begin lifting products.

Ukadike, in an exclusive interview, also confirmed that the product would be purchased in bulk on behalf of its members.

He said, “For now, we are going to be doing it comprehensively, in an off-taker manner. All independent marketers will be buying from Dangote as directed by our president.

“We are still putting together our papers on when to start loading as quickly as possible, but the gig now is that we have been granted permission to load.”Meanwhile, the IPMAN Vice President, Hammed Fashola, told one of our correspondents that if petrol is available locally, there is no need for importation any more.

Fashola recalled that IPMAN had made it clear right from the start that it would support the Dangote refinery and that the new agreement would be a win-win for all.

“We have set it from the onset that we are ready to work with Dangote. We need to encourage him. We are very conscious of that. Based on this, we believe it is going to be a win-win situation for both Dangote and IPMAN. I am sure the price will be reasonable. We are just after the price. Once the price is okay for us, we are good to go,“ he stated.

Asked to state in clear terms if it means IPMAN would no longer pursue the licence to import petrol, Fashola replied, “Once we are having it as we need it, what is the need to import again?”

Fashola clarified that the lifting of fuel is yet to commence as both parties are still putting some logistics in place.

“No day has been fixed yet for the lifting. We still have to put in some logistics. It is not something you will just take your truck and go to Dangote. We still have to do some things—payment modalities and all that. We have to carry our members along too. We have to sensitise them about how the transaction will go. So, it is still ongoing, very soon we will start lifting. I don’t want to give a particular date,” he disclosed.

  • PETROAN Meets Dangote

Just like IPMAN, the management of the Dangote refinery is set to meet with the officials of the Petroleum Products Retail Outlet Owners Association of Nigeria to discuss possible petrol lifting.

PETROAN Publicity Secretary, Joseph Obele, said the refinery already sent a mail through the President of the association, Billy Harry, seeking a business meeting.

According to Obele, Harry had set up a team of seven persons headed by him to represent PETROAN at the meeting.

“The Head of Commercial at the Dangote refinery has sent a mail to the National President of PETROAN, Dr Billy Hary, to anticipate a possible strategic business meeting in the coming days.

“The National President has set up a team of seven persons headed by himself who will represent PETROAN at that strategic business meeting.

“At the proposed meeting, we have to emphasise that PETROAN’s primary objective is to provide affordable, high-quality products to consumers, and to do so in compliance with all regulatory standards and industry best practices,“ he stressed.

  • Dangote Exports Petrol

Meanwhile, the Dangote refinery has agreed to export more than 200,000 metric tonnes of its petrol abroad.

A report by S&P Global Commodity Insights quoting an insider source confirmed that the refinery had signed its first export orders for its gasoline and will begin dispatching the product “as soon as the ships arrive”.

It said in the first week of November, the refinery made its first attempt to sell gasoline abroad, issuing a public tender for the fuel type, but later appeared to bow to public pressure by revoking the offer.

Three West African traders said the refinery initially issued a tender to sell 40,000 mt of gasoline, with two confirmed specified products with a sulfur content of 150 parts per million.

One source said that the refinery had called the initial tender a “mistake”, while a second called the move “controversial” while Dangote continues to produce less than a third of Nigeria’s domestic gasoline demand.

The refinery official confirmed that the 40,000 mt tenders had been cancelled but said on Nov. 11 that the company had the surplus product to begin exporting. “We have the stocks,” he said.

 

Credit: The PUNCH

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