Banking
Notes on the Asset Management Corporation of Nigeria Act Amendment Bill, 2021
By Kamsi Atuchukwu
INTRODUCTION
On 28 April 2021, the Nigerian Senate passed the Asset Management Corporation of Nigeria Act Amendment Bill, 2021 (SB.669) (“the 2021 Bill”) which proposes to amend the Asset Management Corporation of Nigeria Act No. 2, 2019. If assented to by the President, this will be the third amendment to the Act.
On 19 July 2010, the Asset Management Corporation of Nigeria Bill was signed into law and the Asset Management Corporation of Nigeria (AMCON/the Corporation) was established.
According to then-President Goodluck Jonathan, AMCON was expected to, amongst other things, stimulate the recovery of Nigeria’s financial system and the wider economy by buying the non-performing loans (NPLs) of banks, recapitalise the intervened banks and increase access to refinancing opportunities for borrowers.
The enactment came as a reaction to the endemic problems of poor accountability and weak oversight which were prevalent in the financial system at the time. The corporation was initially given a limited lifespan of 10 years, but, like the reactive amendments made to the Electoral Act since the birth of Nigeria’s Fourth Republic, several challenges have led to two amendments of the AMCON Act in 2015 and 2019.
A major obstacle faced by the corporation has been the penchant for debtors (under the Act, this includes borrowers, guarantors, and officers/shareholders of a debtor company) to frustrate and abuse the court process in a bid to stall the progress of recovery proceedings. These problems led to legislative innovations like the 2015 amendment which limited the effect of the corporation’s acquisition of an eligible bank asset (EBA) to the vesting of rights by deleting references to the word “obligations” in section 34(a), and the 2019 amendment which abolished injunctions and limitation of action in respect of AMCON claims.
It is worthy to note that these innovations have themselves faced objections, such as the argument regarding the constitutionality of section 34(6) of the AMCON Act which forbids orders of injunction against the corporation. Section 34(6) is the subject of a pending appeal at the Supreme Court.
The 2021 Bill has proposed some amendments which this work shall reveal and review.
PROPOSED AMENDMENTS
Besides the amendments to the citation and explanatory memorandum, the innovations sought to be introduced by the 2021 Bill are not as extensive as the previous amendments but are no less significant.
- Expansion of the Corporation’s Powers Over Debtor(s)’ Assets
Section 34 of the Act was amended in 2015 and 2019 and the 2021 Bill intends to further amend the section by substituting the existing subsections 1(a) and 1(b) with new provisions.
The proposed subsection 1(a) provides that, subject to the provisions of the Land Use Act and section 36 of the Act, upon acquisition of an EBA, the corporation shall acquire legal title to the EBA and all assets, tangible and intangible, “belonging to, traced to and in which the debtor has an interest in, whether or not such assets or property is used as security for the eligible bank asset”.
However, the 2021 Bill specifically limits the power of sale by the corporation under this subsection by providing that only assets used as security for the EBA may be disposed of by the corporation in satisfaction of the debt, even if the interest of the debtor in such an asset is merely equitable.
The proposed subsection 1(b), which deals with the registrability of title transfer documents executed by the corporation, provides that:
“Any certification of sale or certificate of transfer of title executed by the corporation in the exercise of its powers under subsection (1) (a) above shall constitute a valid registrable instrument under all applicable land registration laws applicable in the federation and in all Land and Corporate Registries in the Federation”.
Like the extant Section 45(2) of the Act which provides that a certificate of judgement in an AMCON claim is a registrable instrument, the proposed section 34 (1)(b) validates as registrable instruments, all certificates of sale and transfer under section 34 (1)(a).
By this, the corporation can validly register any documents executed as evidence of acquisition of assets traced to a debtor at all land registries and the Corporate Affairs Commission, even though these assets were never pledged as security for the EBA.
- Commencement of AMCON Claims at the Special Tribunal Established under the BOFIA
The Banking and Other Financial Institutions Act 2020 (BOFIA 2020), in section 102, established the Special Tribunal for the Enforcement and Recovery of Eligible Loans (the Tribunal). Under section 115 (1) of the BOFIA 2020, the Tribunal will have the jurisdiction to adjudicate over matters:
- pertaining to the enforcement and recovery of eligible loans by financial services banks, specialized banks or other financial institutions; and
- connected with or pertaining to the enforcement of security or guarantee, or attachment of any asset under an eligible loan made by any bank, specialized bank, or other financial institution in Nigeria, to its customers.
It must be stated that the matters above are not exhaustive as subsection (5) provides that the Tribunal shall exercise jurisdiction on any other matter as may be prescribed by an Act of the National Assembly.
Since the passing of the BOFIA 2020, there have been arguments in legal circles on whether the corporation is a financial institution within the meaning of the BOFIA.
The proposed section 54(1) and (2) of the AMCON Act aims to settle this point as it empowers the corporation with the discretion to commence debt recovery actions at the Tribunal and the Rules and Practice Directions of the Tribunal shall apply in such an action. Sub-section (2) allows the corporation to apply for special orders availed to eligible financial institutions under BOFIA and bring applications before the Tribunal under the provisions of the AMCON Act.
The intendment of the suggested section 54(1) and (2) would appear to be the need to protect the time-bound corporation from protracted litigation. Previous moves have been made to achieve this. The first major one was the designation of AMCON Track Judges of the Federal High Court and the inclusion of appeals by or against the corporation as fast track appeals under the Court of Appeal (Fast Track) Practice Directions 2014.
While one must admit that AMCON claims have gained more traction after these interventions, they have proven rather insufficient. It is for this reason that some legal commentators have suggested the statutory creation of special courts or tribunals for the resolution of AMCON claims.
The proposed section 54(1) and (2) will certainly be a positive step towards achieving a timely resolution of AMCON claims. It must be noted, however, that if the 2021 Bill is signed into law, the commencement of actions at the Tribunal remains at the discretion of AMCON and without prejudice to the jurisdiction of the Federal High Court.
The Federal High Court remains a competent court for the adjudication of debt recovery claims by the corporation. This is unarguable given the proposed section 61(c) which defines “Court” as:
“[T]he Federal High Court, the Special Tribunal for Enforcement & Recovery of Eligible Loans and other superior courts exercising appellate jurisdictions over the Federal High Court and the Special Tribunal for Enforcement & recovery of Eligible Loans”.
- Registrable Instruments of Title at Land Registries
The 2019 amendment introduced section 45 (2) which provides that a certificate of a judgement obtained in a proceeding constitutes a registrable instrument of title in favour of the corporation in all land registries in Nigeria.
The proposed amendment to this subsection seeks to expand the scope of registrable instruments to include “any document presented by the corporation as evidencing title, whether legal, equitable or traced in a property…”.
While a registration based on a certificate of judgement should be a seamless exercise, a registration based on “any document presented by the corporation” may be met with some practical challenges especially in view of the provisions of some existing land instrument registration laws.
For example, section 74(1) of the Lagos State Land Registration Law (Cap L41, Laws of Lagos State 2015) provides that dealings in land shall be effected by deed and section 74(3) of the Law provides that “[a] document for which no form is provided shall be in such manner as the Registrar may approve”.
If the 2021 Bill is signed into law, it would be necessary for the corporation to launch an awareness drive directed at all institutions whose operations may be impacted by the amendment. Examples of such institutions are the land registries of all the states.
- Tenor and Dissolution date of the Corporation
Section 61 of the AMCON Act was affected by the two previous amendments and the 2021 Bill proposes further amendments in the manner below:
- The amendment of the meaning of the word “tenor” as used in Part IX of the Act to mean “a period of 5 years from the expiration of the current tenor but may be extended by a resolution of the National Assembly for such further period as the corporation may determine with the approval of the Central Bank of Nigeria”.
The 2015 amendment had defined “tenor” as a period of 10 years from 2010 which may be extended by the National Assembly for a period not exceeding 5 years.
The proposed amendment suggests that the drafters envisage the possibility that the corporation would be around for a much longer time than initially envisioned. This is not a surprise given the many AMCON claims pending at trial courts and its over N4 trillion debt portfolio.
- The introduction of a definition for the phrase “dissolution date” which means “a date to be determined by the Board of Directors of the corporation with the approval of the Central Bank of Nigeria”.
This is a correction to an omission in the 2019 amendment where the phrase “dissolution date” was introduced in section 47 (which deals with the appointment of liquidators to wind up the corporation on that date), but no definition was provided. Like the amendment to the meaning of “tenor” this new definition also indicates that the drafters of the 2021 Bill forecast a longer lifespan for the corporation.
- As stated earlier, the definition of “Court” has been amended to mean “the Federal High Court, the Special Tribunal for Enforcement & Recovery of Eligible Loans and other superior courts exercising appellate jurisdictions over the Federal High Court and the Special Tribunal for Enforcement & recovery of Eligible Loans”.
- Apart from the introduction of the Special Tribunal, the significant difference in this definition is the deletion of the High Courts of the State and the FCT which were introduced in the 2019 amendment. A strict interpretation of the 2019 definition means that AMCON recovery claims can be commenced at the High Courts of the State and the FCT and the 2021 Bill aims to reverse that deviation.
CONCLUSION
The previous amendments to the AMCON Act have attracted immense reactions, both in the courts and in public discourse. This trajectory is unlikely to change if the 2021 Bill is given presidential assent without any changes.
Media reports on the third reading at the Senate indicate that there was opposition to certain aspects of the 2021 Bill by some Senators, most of whom expressed their dissatisfaction with the proposal to amend section 34 to grant the corporation legal title to all the assets of a debtor, even where such assets were not used as security for the eligible bank asset. It will not be a surprise if that is only a prelude to what is to come.
The main goal of drafters of all amendments to the AMCON Act would appear to be the need to assist the corporation in achieving its mandate timely and effectively.
Senator Uba Sani, Chairman of the Senate Committee on Banking, Insurance and other Financial Institutions, expressed this rationale during the presentation of the 2021 Bill which he said will “provide for a quicker, easier and legitimate process of assets disposal.”
However, extremely controversial amendments can create a catch-22 in that they can open a pathway for a barrage of objections. These objections can create a deviation from the corporation’s debt recovery claim and ultimately lead to a longer time spent in the recovery process, especially as such issues would be considered as recondite points of law on appeal. The Executive should consider the need for balance while reviewing the 2021 Bill for assent.
Kamsi Atuchukwu, a legal practitioner, writes from Lagos, Nigeria.
By Adedapo Adesanya
The Central Bank of Nigeria (CBN) has directed Nigerian banks to flag suspected fraud Bank Verification Numbers (BVNs) after a 24-hour watchlist from May 1.
According to a circular signed by Mr Musa Jimoh, the Director of the Payment Systems Policy Department, the apex bank introduced this new policy in an amended version of the 2021 Revised Regulatory Framework for BVN and Watch-List for the Nigerian Banking Industry.
The circular titled, Addendum to the Revised Regulatory Framework for Bank Verification Number Operations and Watch-List for the Nigerian Banking Industry, disclosed that the new framework introduces four new policies which mandate Financial Institutions to establish and maintain a temporary watchlist for BVNs implicated in suspected fraudulent transactions reported by a financial institution.
The statement reads, “A BVN may remain on this temporary Watchlist for a maximum period of twenty-four (24) hours; during this period, the BVN owner shall be contacted to provide clarification regarding the identified transaction(s).”
For the BVN enrolment age requirement, the circular reads, “Enrolment for BVN is restricted to individuals who have attained the age of eighteen (18) years and above.”
For the restrictions on phone number amendments, the circular explained that updates on phone numbers linked to a BVN shall be allowed only once.
For Access to BVN data, the statement reads, “Access to the BVN databases shall be exclusively granted to Central Bank of Nigeria (CBN) licensed financial institutions. Notwithstanding this provision, the Central Bank of Nigeria (the Bank) reserves the right to approve access to the BVN databases in extenuating circumstances and in accordance with the provisions of extant laws.”
The apex bank urges financial institutions to act accordingly as implementation of the new provisions shall take effect from May 1, 2026.
Launched in February 2014 by the CBN in collaboration with the Nigeria Inter-Bank Settlement System (NIBSS), BVN was part of efforts to strengthen the security and integrity of Nigeria’s banking system amid broader banking reforms. It was introduced primarily to reduce banking fraud and identity theft, which had become widespread due to individuals opening multiple accounts under different identities across banks. By assigning each customer a unique biometric-based identification number linked to fingerprints and facial data, BVN ensures that all accounts belonging to a person across Nigerian banks can be verified and traced.
The system also improves the effectiveness of banks’ Know Your Customer (KYC) procedures, enhances transparency in financial transactions, and supports regulatory oversight within the financial sector.
At the Africa Trade Conference (ATC) 2026 held in Cape Town, South Africa, policymakers, financiers, and global business leaders gathered to confront one of Africa’s most persistent economic constraints: the continent’s vast trade financing gap.
Hosted by Access Bank Plc, the conference brought together stakeholders from governments, development finance institutions and the private sector to explore how Africa can transform its fragmented trade ecosystem and unlock the promise of the African Continental Free Trade Area.
The central message emerging from the discussions was clear: Africa must move from being a continent of landlocked markets to a network of land-linked economies, connected through finance, infrastructure and digital trade systems.
Turning Vision into Velocity
The conference, themed “Turning Vision into Velocity: Building Africa’s Trade Ecosystem for Real-World Impact,” focused on translating policy ambition into practical solutions for businesses across the continent.
Delivering the welcome address, Roosevelt Ogbonna, Managing Director and Chief Executive Officer of Access Bank Plc, emphasised that Africa must confront the structural barriers that continue to limit intra-continental commerce.
“The reality is that Africa still controls a small share of global trade,” Ogbonna said. “The corridors are still fragmented and more aspirational than functional, and too many small businesses that aspire to trade across Africa remain constrained.”
According to him, the conference was convened to continue the conversation begun at its inaugural edition in 2025, focusing on how Africa can expand trade within the continent while strengthening its participation in global markets.
“This conference must not end as another talking shop,” he said. “It must become the birthplace of a movement that contributes to transforming intra-African trade.”
For Access Bank Plc, the role of financial institutions in that transformation is evolving.
“At Access Bank, we see ourselves as financiers and connectors of markets, ideas and opportunities,” Ogbonna noted. “Our role is to help African businesses move from ambition to impact, from local relevance to global competitiveness.”
Bridging Africa’s Trade Finance Gap
Despite its abundant natural resources and population of more than 1.3 billion people, Africa remains underrepresented in global trade flows.
One of the biggest barriers is the lack of accessible financing for exporters, manufacturers and small businesses seeking to expand across borders. The trade finance gap continues to constrain intra-African commerce, which remains significantly below levels recorded in other regional trading blocs.
To address this, Ogbonna highlighted three strategic priorities that emerged from the previous edition of the conference: breaking down silos between policymakers, financial institutions and businesses; building a trade ecosystem powered by reliable data and analytics, and developing systems that support both large corporations and smaller businesses expanding across borders
Encouragingly, he noted that progress is already emerging across several sectors.
“We have seen value chains emerging across agriculture, manufacturing and services, and we are seeing African brands crossing borders and building a global presence,” he said.
Nevertheless, the gains remain uneven across the continent, with progress concentrated in a few markets and trade corridors.
Financing the Future of African Trade
Beyond the structural challenges of trade finance and infrastructure, the conference also explored the evolving financial architecture required to unlock Africa’s full trade potential.
Keynote addresses were delivered by Kennedy Mbekeani, Director General for the Southern Africa Region at the African Development Bank, and Kwabena Ayirebi, Managing Director of Banking Operations at the African Export-Import Bank.
Both speakers emphasised the need for stronger collaboration among development finance institutions, commercial banks and governments to mobilise the capital required to drive infrastructure development and support trade across the continent.
Mbekeani stressed that private capital would be crucial in bridging Africa’s infrastructure financing gap.
“The mobilisation of private capital remains crucial as many African governments are constrained by limited fiscal space and overstretched balance sheets,” he said.
“The mobilisation of capital, particularly private capital, is something that we need to work on.”
The conversation was further enriched by insights from Tolu Oyekan, Managing Director and Partner at Boston Consulting Group, who presented the Africa Trade Outlook 2026.
His presentation highlighted the macroeconomic forces shaping the future of African trade, including shifting global supply chains, the growing importance of regional value chains and emerging opportunities for African industries to capture greater value in global markets.
Digital infrastructure and payments were also central to the conversation.
Mike Ogbalu, Chief Executive Officer of the Pan-African Payment and Settlement System, underscored the importance of payment interoperability in enabling seamless cross-border transactions across the continent.
Efficient payment systems, he noted, are essential to reducing the cost and complexity of trading across African borders, particularly for small and medium-sized enterprises.
Policy, Finance and Partnerships
The conference also convened a high-level ministerial panel that brought together policymakers and financial sector leaders to examine the policy environment required to accelerate Africa’s economic integration.
Participants included Elizabeth Ofosu Adjare, Ghana’s Minister for Trade, Agribusiness and Industry, and Tiroeaone Ntsima, Botswana’s Minister of Trade and Entrepreneurship, alongside senior executives from international financial institutions.
Together, they explored how regulatory alignment, infrastructure development and innovative financing structures can accelerate the implementation of the African Continental Free Trade Area and unlock intra-African trade.
The objective, participants agreed, was not merely dialogue but partnership, bringing together the policymakers, financiers and businesses capable of translating Africa’s trade ambitions into tangible outcomes.
Reimagining Africa’s Economic Geography
Beyond policy discussions and financing strategies, the conference reflected a deeper shift in how Africa views its economic geography.
For decades, the continent’s development challenges have often been framed in terms of physical constraints: landlocked economies, fragmented markets and weak infrastructure.
But the emerging vision presented in Cape Town suggests a different future, one where integrated banking networks, digital payment systems and trade finance platforms transform isolated markets into connected trade corridors.
For Access Bank Plc, that transformation is already underway.
With operations spanning 25 countries globally, including 16 across Africa, the bank is building financial corridors that link African businesses to each other and to global markets.
From Potential to Participation
The conversations at the Africa Trade Conference reinforced a growing consensus across the continent: Africa’s economic transformation will depend on policy reforms and institutions capable of financing and facilitating trade.
Banks, development finance institutions and payment platforms are increasingly becoming the connective tissue linking African markets.
For Access Bank, the ambition is clear, helping reshape the narrative of African trade.
From isolated markets to integrated corridors. From landlocked constraints to land-linked opportunity. And from economic potential to meaningful participation in the global trading system.
By Adedapo Adesanya
The Central Bank of Nigeria (CBN) has rolled out fresh technology-driven rules compelling banks and other financial institutions to deploy automated anti-money laundering systems capable of detecting suspicious transactions in real time.
The directive, contained in a circular issued on March 10, 2026, applies to deposit money banks, mobile money operators, international money transfer operators, payment service providers, and other institutions under the apex bank’s supervision.
According to the regulator, the new framework sets minimum standards for automated anti-money laundering solutions designed to strengthen the detection and reporting of financial crimes within Nigeria’s rapidly digitising financial ecosystem.
In the circular, the CBN explained that the guidelines establish a baseline structure for financial institutions to deploy advanced monitoring tools capable of flagging suspicious financial activities instantly.
“The baseline standards provide a framework for implementing automated solutions that strengthen the detection and reporting of suspicious transactions in real time and enhance compliance with applicable AML/CFT/CPF laws and regulations, while also supporting the use of emerging technologies to improve overall financial crime risk management,” it stated.
The circular was jointly signed by the Director of Banking Supervision, Mrs Akinwunmi A. Olubukola, and Mrs Olubunmi Ayodele-Oni, acting for the Director of the Compliance Department.
Under the new policy, financial institutions must deploy automated anti-money laundering platforms that combine customer identification systems, transaction monitoring, sanctions screening, and risk assessment tools into a single integrated framework.
The CBN said the guidelines apply to all institutions operating within the financial system under its regulatory authority, including banks, payment companies, and other licensed financial service providers.
While the new rules take effect immediately, institutions have been given specific timelines to fully implement the required technology infrastructure.
Deposit money banks are expected to achieve full compliance within 18 months, while other financial institutions have 24 months to meet the regulatory requirements.
In addition, all institutions are required to submit detailed implementation roadmaps within three months of the issuance of the circular.
“The implementation of these guidelines shall start from the date of issuance, while full compliance shall be 18 months (for Deposit Money Banks) and 24-months (for Other Financial Institutions) from the date of issuance,” the apex bank added.
A major highlight of the framework is the emphasis on advanced technology tools such as artificial intelligence, machine learning, predictive analytics, and behavioural monitoring to identify unusual financial patterns that may indicate criminal activity.
Under the guidelines, institutions must deploy systems capable of conducting risk-based customer due diligence, monitoring transactions across multiple financial channels, and screening customers against sanctions databases and lists of politically exposed persons.
The CBN also directed that these automated systems must integrate seamlessly with core banking infrastructure and customer identity databases, enabling continuous real-time analysis of transaction flows and behavioural patterns.
According to the apex bank, traditional manual monitoring processes are increasingly inadequate in a financial environment that is becoming more complex and heavily driven by digital payments, fintech platforms, and mobile banking.
The regulator said automated surveillance systems would enable institutions to identify potential financial crimes earlier and report suspicious transactions promptly to authorities such as the CBN and the Nigerian Financial Intelligence Unit (NFIU).
The guidelines further require financial institutions to establish governance structures to oversee the performance of automated systems, validate artificial intelligence models, and ensure that data protection safeguards comply with Nigeria’s privacy regulations.
Beyond technology deployment, institutions must maintain detailed audit trails and case management systems that document investigations into suspicious financial activity and track regulatory reporting obligations.
The central bank warned that institutions that fail to comply with the new standards or operate ineffective anti-money laundering frameworks could face regulatory penalties.
Compliance will be monitored through a combination of off-site regulatory surveillance, on-site examinations, and targeted thematic reviews conducted by the banking regulator.
The CBN emphasised that the newly issued standards represent only the minimum compliance benchmark, adding that institutions may be required to implement stronger controls depending on their operational scale, transaction volumes, and risk exposure.
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