Banking
Customers Slam N7bn Suit on Adam Nuru-led FCMB
By Modupe Gbadeyanka
Two customers of First City Monument Bank (FCMB), Sunlek Investment Limited and Sunsteel Industries Limited, have slammed a N7 billion suit on the lender headed by Mr Adam Nuru.
The companies accused the financial institution of breach of contract concerning credit facilities they obtained from the bank some years ago.
In a report by Global Excellence Magazine, it was stated that in a 126-paragraph statement of claim accompanied by another 27 paragraphs of a witness sworn to on oath and filed before a Federal High Court sitting in Lagos by a Lagos lawyer, Mr John Olusegun Odubela (SAN), the two firms claimed they operated loan accounts with FCMB upon which disbursement was made for all letters of credit/loan facility granted to them by the bank for the importation of raw materials.
However, since May 23, 2013, when the bank entered into an agreement to grant them loan and open a loan facility account for them till date, they have not been given the particulars of the loan facility account or has any statement of account of this loan account been made available to them.
The plaintiffs further alleged that by commitment letter dated May 23, 2013 and the term sheet for facility duly signed/executed by the two parties, FCMB committed and undertook to fund on fully-underwritten basis the debt finance of $1.5million and N422.5million Thereafter, other loans facilities were granted to the companies by the bank.
It was stated that the total amount of the letters of credit opened by the bank in favour of the companies were $8.0 million out of which said sum the companies contributed 10 percent based on the terms of the grant of the various offer for facility utilized to open letters of credit from March 22, 2013 to September 2017. The loans facilities were well secured.
The plaintiffs contended that from the available records available to them, it was reflected that they have fully repaid their indebtedness to the bank.
However, the companies said they were surprised when they received the bank’s letter that their indebtedness to the bank as at March 14, 2019 was in the sum of N1.13 billion and that the debt should be liquidated within 14 days, despite the fact that they have fully repaid the loan they took from the bank.
As a result of this, they engaged the services of an accounting firm to audit their account. They claimed that their letter and their solicitor’s letter requesting for statements of accounts of the loan accounts from the FCMB were not responded to and that from the forensic analysis of their accounts, it was observed that they were not in any way indebted to the bank in the sum of N1.13 billion as claimed by the lender.
The plaintiffs said from the forensic audit report, it was discovered that there were two transactions carried out on letter of credit, wherein substantial volume of the product was damaged. The value of items purchased by the letters of credit was in the sum of $1,999,965 for the importation of cold rolled steel strips, galvanized steel strips and Zinc wire from Chemetals (HK) limited Unit 1105H/F Lippo Center 89, Queens Way Hong Kong.
The companies said FCMB was solely and unilaterally liable to undertake all the risk insurance policy Clause A for the consignment/raw material to be imported by virtue of the letter of credit.
According to them, the bank solely negotiated insurance policy obtained for the products purchased and appointed Mansard Insurance Plc to provide insurance cover Clause C for the importation of the consignment.
It said upon taken delivery of the consignment after payment of custom duties and port charges, it was discovered that a large volume of the said consignment was in various forms of damaged conditions.
The plaintiffs claimed they informed the bank about the damaged consignment and the need to pursue insurance claim for the damage consignment and that FCMB requested for documents from the officers of the plaintiffs, which were sent to them to pursue the claim.
In the statement of claim, the plaintiffs said however, the agent of the bank sent a report to them saying from the nature of damages to some of the products, the insurance policy, being a Clause C policy as undertaken by the bank, was not sufficient to cover the loss from the said damages to the products.
The total value of the consignment damaged was in the sum of $628,386.23 and N336.14 million.
The plaintiffs said FCMB ought to have undertaken an all risk insurance policy cover with the insurance company. As a result of the damages to the consignment, they were not fit for use and could not be refined in the plaintiffs’ machine and remained in their factory as junk or waste material.
The plaintiffs averred that they have suffered financial loss as a result of the breach of contract in the sum of N884.9 million which has negatively affected their business operation since 2014 till date.
They also averred that they are entitled to claim damages for breach of contract against the bank who had by its various acts of breaches of the various letters of offer for facility caused great loss to their business. Consequently, the plaintiffs claim against FCMB jointly and severally are as follows:
“General damages in the sum of N5 billion.
“A declaration that the plaintiffs are not indebted to the bank in any sum premised on the fact that they have settled all their indebtedness on the facilities granted to them by the bank.
“A declaration that the bank breach the terms of letter of credit and is liable for the loss of the letters of offer on importation, in the sum of $1,999,865.
“A declaration that the bank is liable to refund to the plaintiffs N884.9 million being the losses uncured on the damaged consignment purchased through letters of credits and failure and refusal of the bank to obtain an all risk insurance policy for the shipment of the said consignment.
“An order for the payment of N826,996,135.00 being the total sum wrongly debited on the plaintiffs account by the bank.
“An order of the court restraining FCMB from appointing and or registering any instrument of appointment of an official receiver or any instrument whatsoever made for the purpose of enforcing the security for the payment of alleged indebtedness in the sum of N1.13 billion being allegedly claimed against the plaintiffs by the bank and a cost of litigation assessed at N250 million.”
By Adedapo Adesanya
Access Bank Plc, the banking subsidiary of Access Holdings Plc, has entered into a binding agreement with South African-based Bidvest Group Limited for the acquisition of 100 per cent equity stake in Bidvest Bank Limited.
The deal for the 24-year-old South African lender is due to be completed in the second half of 2025, upon regulatory approval.
This shows Access Bank’s further expansion plans in line with goals set by its late founder, Mr Herbert Wigwe.
The agreement to acquire 100 percent stake in Bidvest Bank reflects Access Bank’s commitment to strengthening its footprint in South Africa and consolidating on its position as the continent’s gateway to global markets as it seeks to optimise the benefits of recent acquisitions and accelerate its transition towards a greater focus on efficiencies.
Bidvest Bank, founded in 2000 is a niche and profitable South African financial institution providing a diverse range of services, including corporate and business banking solutions and diverse retail banking products.
As of its year ended June 2024, Bidvest Bank reported total assets equivalent of $665million and audited profit before tax of $20million.
Upon conclusion of this acquisition, Bidvest Bank will be merged with the bank’s existing South African subsidiary to create an enlarged platform to anchor the regional growth strategy for the SADC region.
This is coming just as the bank opened a new branch in Malta as part of efforts to focus on international trade finance after obtaining a banking licence from the European Central Bank (ECB) and the Malta Financial Services Authority (MFSA).
Access Bank said the licence marks a transformative milestone in bolstering Europe-Africa trade flows.
The Maltese branch was established by Access Bank UK Limited, the subsidiary of Access Bank Plc, which is also the subsidiary of Access Holdings Plc, which is listed on the Nigerian Exchange (NGX) Limited.
By Modupe Gbadeyanka
To strengthen Europe-Africa trade ties, Access Bank has opened a new branch in Malta. It will focus on international trade finance, employing approximately 30 people in its initial phase, with plans for controlled expansion over time.
It was learned that this Maltese branch was established by Access Bank UK Limited, the subsidiary of Access Bank Plc, which is also the subsidiary of Access Holdings Plc, which is listed on the Nigerian Exchange (NGX) Limited.
Access Bank Malta Limited commenced operations after obtaining a banking licence from the European Central Bank (ECB) and the Malta Financial Services Authority (MFSA).
Access Bank said the licence marks a transformative milestone in bolstering Europe-Africa trade flows.
Malta, a renowned international financial centre, and a gateway between the two continents, is strategically positioned to play a pivotal role in advancing commerce and fostering economic partnerships.
This strategic expansion into Malta enables The Access Bank UK Limited to leverage growing trade opportunities between Europe and Africa.
It underscores the organisation’s commitment to driving global trade, financial integration, and supporting businesses across these regions.
“By establishing operations in Malta, we will gain a foothold in a market that bridges European and North African economies, moving us one step closer to our goal of becoming Africa’s Gateway to the World.
“It further enhances our bank’s capacity to support clients with innovative solutions tailored to cross-border trade and investment opportunities,” the chief executive of Access Bank, Mr Roosevelt Ogbonna, stated.
“Europe has emerged as Africa’s leading trading partner, driven by initiatives such as the Economic Partnership Agreements between the EU and African regions and the African Continental Free Trade Area (AfCFTA).
“With Europe-Africa economic relations entering a new phase, The Access Bank Malta Limited is ideally positioned to deepen trade and meet the financing and banking needs of our clients in these expanding markets,” the chief executive of Access Bank UK, Mr Jamie Simmonds, commented.
Also speaking, the chief executive of Access Bank Malta, Renald Theuma, said, “Malta is uniquely positioned as a bridge between Europe and Africa, making it an ideal location for our subsidiary. This move allows The Access Bank Malta Limited to engage more closely with customers in Europe and deliver tailored financial solutions that drive growth and connectivity across both continents.”
By Adedapo Adesanya
The International Finance Corporation (IFC) and Goldman Sachs have announced a new partnership with African banks, including Nigeria’s Zenith Bank and Stanbic IBTC Nigeria to support the Goldman Sachs 10,000 Women initiative, a joint programme launched in 2008 to provide access to capital and training for women entrepreneurs globally.
The two Nigerian banks are part of nine financial institutions from across Africa which have agreed to join the 10,000 Women initiative committing to leverage the business education and skills tools the programme provides to create more opportunities for women entrepreneurs across the continent by providing access to business education.
Others banks include Stanbic Bank Kenya, Ecobank Kenya, Ecobank Cote d’Ivoire, Equity Bank Group, Banco Millenium Atlantico – Angola, Baobab Group, and Orange Bank.
Speaking on this, Ms Charlotte Keenan, Managing Director at Goldman Sachs said – “10,000 Women has had a powerful impact to date, but we know that there are more women to reach and more potential to be realized.
“We are delighted to partner with IFC to supercharge the growth of women-owned businesses across Africa, and mainstream lending to female business leaders. We remain committed to supporting entrepreneurs with the access to education and capital that they need to scale.”
Since 2008, the 10,000 Women initiative has provided access to capital and business training to more than 200,000 women in 150 countries.
“This expanded initiative marks a significant step forward in creating equitable economic opportunities for women in Africa, enabling them to build stronger, more resilient businesses and to realize their entrepreneurial goals,” said Ms Nathalie Kouassi Akon, IFC’s Global Director for Gender and Economic Inclusion.
Goldman Sachs’ 10,000 Women initiative complements the Women Entrepreneurs Opportunity Facility (WEOF), launched in 2014 by Goldman Sachs and IFC as the first-of-its-kind global facility dedicated to expanding access to capital for women entrepreneurs in emerging markets.
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