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Court Injunctions and the Effect on AMCON’s Debt Recovery Duty

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AMCON headquarters

By Gbolahan Oluyemi

The Asset Management Corporation of Nigeria (AMCON) was established in 2010 basically to recover non-performing loans. However, 10 years after AMCON’s creation, it is still battling with unrecovered debts. 

Just recently, the corporation disclosed that the N4.4 trillion owed by debtors was greater than the federal government’s entire capital expenditure budget. The amount owed to AMCON is greater than the budgeted personnel cost of the federal government.

Over the years, AMCON had sought more powers to enable the corporation effectively discharged its duties. The agency has continuously lobbied for a review of the legislations guiding its operations.

Every fair-minded analyst will agree that AMCON’s quest for more powers is genuine. The need for more powers arose to address the attitude and unethical use of court process by debtors to delay and at times, evade the payment of their debts.

Most of the AMCON debtors are renowned businesspersons who are carrying on business profitably.  Hence, the challenge is not their ability to pay the debt or create a payment plan rather, it appears there is no will to settle the indebtedness.

Some debtors believe they were overcharged with interest and argue that after deduction of overcharges, they are not indebted and the financial institutions (which initially granted the loan) should not have sold their account to AMCON.

Of course, the grievances of some debtors are genuine and since the principle of natural justice entitles every aggrieved to be heard, both the debtors with genuine grievances and those with malicious grievances will be heard.

The process of being heard by the court has been abused and used as a clog to the recovery of the debts. No doubt, these debtors act with the aid of legal practitioners, most times very senior lawyers, who pilot the plans for the debtors.

These days, debtors sue their creditors and obtain injunctions restraining their creditors from dealing with the security for the loan pending the determination of the suit.

In a country like Nigeria, where litigation in the court of the first instance can last for 3-4 years or more, even worse, appeal litigation can last for a decade, it will mean that AMCON in such a scenario is handicapped and may remain at the mercy of the debtor until the timeless litigations are completed. Some debtors now file multiple suits to frustrate recovery of their debts.

Bearing some of the challenges in mind, the National Assembly in 2015 amended the Asset Management Corporation of Nigeria Act 2010 to introduce more provisions that will assist the corporation in its recovery drive.

The 2015 amendment did not seem to achieve results. The National Assembly enacted the 2019 amendment of the AMCON Act, which provides AMCON with more powers including exemption from court injunctions.

Unfortunately, the amended AMCON Act attracted criticisms from legal experts and of course, debtors. Some lawyers tagged the legislation draconian, obnoxious and unfit for a democratic society while some hailed the legislation as a pathway to effectively recovering the non-performing loans.

Section 34 (6) of the AMCON (Amendment No. 2) Act 2019 provides that:

“No injunction, preservative or restorative or Order, interim, interlocutory, perpetual or like order described shall be granted against the Corporation or its director or officers in any action, suit or proceedings in relation to the exercise or intended exercise of the power of by the Corporation under this Act to recover the debt owed to the Corporation or otherwise realize an eligible bank asset or any asset or property by which such eligible bank asset is secured and in particular under subsection (1)(a) and section 39 of this Act and the remedy of any Claimant against the Corporation in any such action, suit or proceeding is limited to monetary compensation”

Many lawyers have argued that this provision inhibits the judicial powers of the court which is constitutionally flavoured and protected by Section 6 of the Constitution of the Federal Republic of Nigeria 1999.

Few months after the Act was enacted, the High Court of Lagos State in Suit LD/8418LMW/19 between Adedayo Mumuni vs. AMCON & others ruled that the provisions of Section 34 (6) of the AMCON (Amendment No. 2) Act 2019 are unconstitutional.

Dissatisfied with the ruling, AMCON appealed to the Court of Appeal.  However, the appellate court in a lead ruling delivered by the President of the Court of Appeal on December 15, 2020, held that:

“The provisions of Section 34 (6) of the AMCON (Amendment No. 2) Act 2019 seeks to curtail the discretion of the Court and also seeks to curtail the rights of citizens to seek redress or help from the Court.  This is inconsistent with the provisions of the Constitution and is therefore declared null and void to the extent of its inconsistency.”

AMCON has since appealed the Court of Appeal decision to the Supreme Court.  The unconstitutionality of the provision of Section 34 (6) of the AMCON (Amendment No. 2) Act 2019 has also been inferred by the Abeokuta division of the Federal High Court where a party sought injunction pending appeal against AMCON.

The issue of whether Section 34 (6) of the AMCON (Amendment No. 2) Act 2019 is inconsistent with the provisions of Section 6 of the Constitution is now for the Supreme Court to decide.  However, looking at other commonwealth jurisdictions, every curious mind will wonder if similar provisions exist in other commonwealth jurisdiction. Yes, they do.

In the United Kingdom where Nigeria inherited or adapted most of its legislations, the Crown Proceedings Act prohibits the Court, in any civil proceedings, from granting an injunction or order against an officer of the crown if the effect of granting the injunction or order would be against the Crown.

Although, the existence of such legislation in other jurisdiction, particularly, United Kingdom is not enough reasons to justify such provisions in our laws since we practice constitutional supremacy and our constitution is unique to our legal system.

The provision if applied in good faith is essential to the recovery of the lingering non-performing loans managed by AMCON.

Section 34 (6) of the AMCON (Amendment No. 2) Act 2019 would have received lesser resistance if it only restricts the power of the court to grant ex parte applications AMCON.

This will afford AMCON the opportunity to be heard on every application seeking Injunctive reliefs against the AMCON.

In addressing the problems, the legislature should have considered the option of creating a special court/tribunal for recovery of AMCON debts.

Although the Federal High Court designated AMCON track judges for speedy determination of AMCON cases in accordance with the Act, these courts are congested and cannot effectively determine cases as desired.

AMCON is a time-bound institution funded with taxpayers funds and it is in the interest of every progressive-minded Nigerian to desire the success of the corporation.

Whether a court can validly make an order of injunction against AMCON is now for the Supreme Court to decide. Nigerians will have to wait for the Supreme Court to decide and I honestly hope the wait will not be long.

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Revived Argungu International Fishing Festival Shines as Access Bank Backs Culture, Tourism Growth

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Argungu International Fishing Festival

The successful hosting of the 2026 Argungu International Fishing Festival has spotlighted the growing impact of strategic public-private partnerships, with Access Bank and Kebbi State jointly reinforcing efforts to promote cultural heritage, tourism development, and local economic growth following the globally attended celebration in Argungu.

At the grand finale, Special Guest of Honour, Mr Bola Tinubu, praised the festival’s enduring national significance, describing it as a powerful expression of unity, resilience, and peaceful coexistence.

“This festival represents a remarkable history and remains a powerful symbol of unity, resilience, and peaceful coexistence among Nigerians. It reflects the richness of our culture, the strength of our traditions, and the opportunities that lie in harnessing our natural resources for national development. The organisation, security arrangements, and outlook demonstrate what is possible when leadership is purposeful and inclusive.”

State authorities noted that renewed institutional backing has strengthened the festival’s global appeal and positioned it once again as a major tourism and cultural platform capable of attracting international visitors and investors.

“Argungu has always been an iconic international event that drew visitors from across the world. With renewed partnerships and stronger institutional support, we are confident it will return to that global stage and expand opportunities for our people through tourism, culture, and enterprise.”

Speaking on behalf of Access Bank, Executive Director, Commercial Banking Division, Hadiza Ambursa, emphasised the institution’s long-standing commitment to supporting initiatives that preserve heritage and create economic opportunities.

“We actively support cultural development through initiatives like this festival and collaborations such as our partnership with the National Theatre to promote Nigerian arts and heritage. Across states, especially within the public sector space where we do quite a lot, we work with governments on priorities that matter to them. Tourism holds enormous potential, and while we have supported several hotels with expansion financing, we remain open to working with partners interested in developing the sector further.”

Reports from the News Agency of Nigeria indicated that more than 50,000 fishermen entered the historic Matan Fada River during the competition. The overall winner, Abubakar Usman from Maiyama Local Government Area, secured victory with a 59-kilogram catch, earning vehicles donated by Sokoto State and a cash prize. Other top contestants from Argungu and Jega also received vehicles, motorcycles and monetary rewards, including sponsorship support from WACOT Rice Limited.

Recognised by UNESCO as an Intangible Cultural Heritage of Humanity, the festival blends traditional fishing contests with boat regattas, durbar processions, performances, and international competitions, drawing visitors from across Nigeria and beyond.

With the 2026 edition concluded successfully, stakeholders say the strengthened collaboration between government and private-sector partners signals a renewed era for Argungu as a flagship cultural tourism destination capable of driving inclusive growth, preserving tradition, and projecting Nigeria’s heritage on the world stage.

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$214Bn Missing, Institutions Silent: Is Accountability Dead in Nigeria?

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Nigeria $214Bn Missing

By Blaise Udunze

Between 2010 and 2026, a staggering $214 billion, approximately N300 trillion in public funds, has been reported as missing, unaccounted for, diverted, unrecovered, irregularly spent, or trapped in non-transparent fiscal structures across Nigeria’s public institutions.

That figure is not speculative but a conservative estimate of unaccounted funds. It is drawn from audit reports, legislative probes, civil society litigation, executive directives, and investigative findings spanning more than a decade. If it is to go by the accurate figure, the true national loss is likely higher but difficult to quantify precisely due to data gaps, overlapping figures, and incomplete audits.

The challenge is that in many of the most prominent cases, prosecutions have stalled, hearings have dragged without resolution, investigations have gone cold, and no defining jail terms have etched accountability into Nigeria’s institutional memory. The irony is that the number is historic, the silence is louder. And the economic damage is cumulative.

The pattern stretches from the oil sector to social investment programmes, from the Nigeria Central Bank of Nigeria (CBN) interventions to ministry-level expenditures. In 2014, between $10.8 billion and $20 billion in unremitted oil revenues linked to the Nigerian National Petroleum Corporation triggered national outrage. Under the then CBN governor, Lamido Sanusi, who warned that persistent oil revenue leakages were making exchange rate stability “extremely difficult.” He cautioned that without full remittances, the alternative would be currency devaluation and financial instability. This concern spans the 2010 to 2013 oil revenue period. That warning proved prophetic.

This is because, years later, the lack of transparency in the oil industry did not disappear, but rather it festered like cancer. It further led to the elongated audit queries, which have continued to trail the Nigerian National Petroleum Company Limited, including unremitted revenues, questioned deductions, and management fee structures under the Petroleum Industry Act. With an extraordinary move aimed at blocking revenue leakages at source, President Bola Ahmed Tinubu has recently issued an Executive Order suspending certain deductions and directing direct remittance of taxes, royalties, and profit oil into the Federation Account, which involves the reassessment of NNPC’s 30 per cent management fee and 30 per cent frontier exploration deduction under the Petroleum Industry Act.

Such presidential intervention underscores the scale of concern, which means that Nigeria cannot afford a structural lack of transparency in its most strategic revenue sector. But oil is only one chapter.

The Central Bank of Nigeria has faced some of the most far-reaching audit alarms in recent years. In suit number FHC/ABJ/CS/250/2026, the Socio-Economic Rights and Accountability Project (SERAP) is asking the Federal High Court to compel the CBN to account for N3 trillion in allegedly missing or diverted public funds. The Auditor-General’s 2025 report cited failures to remit over N1.44 trillion in operating surplus to the Consolidated Revenue Fund, over N629 billion paid to “unknown beneficiaries” under the Anchor Borrowers’ Programme, and more than N784 billion in overdue, unrecovered intervention loans.

There were also N125 billion in questioned intervention expenditures, irregular contract variations exceeding N9 billion, and procurement gaps running into hundreds of billions. The Auditor-General repeatedly recommended recovery and remittance. No date has been fixed for the hearing. Meanwhile, Nigeria continues to borrow.

Elsewhere, the House of Representatives has launched a probe into over N30 billion recovered during investigations into the National Social Investment Programme Agency (NSIPA). The funds, reportedly frozen during investigation, have not been remitted back into the Treasury Single Account, stalling poverty-alleviation schemes like TraderMoni and FarmerMoni. Millions of vulnerable Nigerians remain exposed while lawmakers search for money already “recovered.” The irony is staggering as funds are found, but programmes remain frozen.

A top discovery recently that put the nation on red alert was made by the Senate committee, which claimed to have found N210 trillion in financial irregularities in NNPC accounts between 2017 and 2023, including unaccounted receivables and accrued expenses. A critical concern is that, as of early 2026, this has sparked commentary but no clear prosecutions.

Only recently, in the power sector, SERAP has urged the President to probe alleged missing or unaccounted N128 billion at the Federal Ministry of Power and the Nigerian Bulk Electricity Trading Plc. Of concern is that despite the enormous funds channelled in this sector, Nigeria’s chronic electricity instability persists, even as billions meant to stabilise the grid face audit scrutiny.

Across MDAs, audit reports between 2017 and 2022 flagged trillions in unsupported expenditures, unremitted taxes, unauthorised payments, and statutory liabilities never recovered. These sums are dizzying and are also alarming; N300 billion here, N149 billion there, N3.403 trillion across agencies, N30 trillion-plus Treasury discrepancies raised at the Senate level.

Individually, they shock. Collectively, they define a structural pattern. And patterns shape economies.

Nigeria operates with structural fiscal deficits and also lives with them routinely and comfortably. Expenditure persistently exceeds revenue. When public funds disappear, fail to be remitted, or are trapped outside constitutional channels, the deficit widens. The government must borrow to fill gaps created not only by low revenue, but by revenue leakage.

Debt servicing now consumes a disproportionate share of federal revenue. Borrowing meant for capital projects increasingly finances recurrent obligations. The country shifts from borrowing to build to borrowing to survive. Every missing naira compounds tomorrow’s liability.

The Treasury Single Account (TSA) was designed to plug such leakages. It consolidated government revenues under Section 80 of the Constitution into a unified framework. International financial institutions commended it as a landmark reform. Yet even today, the Minister of Finance, Wale Edun, has admitted that substantial government funds remain outside the TSA and outside the CBN’s consolidated visibility. Until August 1, 2024, he revealed, the federal government could not fully see its own balance sheet at the apex bank. That admission should alarm any serious economy.

Fiscal lack of transparency constrains planning. It undermines monetary coordination. It weakens debt sustainability projections. It distorts policy responses. And when systems are in flux, money vanishes more easily.

Changing or weakening the TSA in such an environment would be catastrophic. Transitions create windows of vulnerability. Old accounts close. New accounts open. Reconciliation’s lag. Ghost contractors reappear. Double payments slip through.

Albeit, the government must learn to tread with caution as Nigeria’s institutional bandwidth is already strained by simultaneous tax reforms, exchange-rate adjustments, subsidy removal, and fiscal restructuring. One truth that cannot be argued is that layering additional structural upheaval onto fragile systems risks revenue loss that the country cannot afford. Investors are watching.

Credit markets evaluate not just numbers but institutional consistency. A nation that abandons or weakens its most credible fiscal reform sends a destabilising signal. Stability lowers borrowing costs. Institutional drift raises them. But beyond markets lies the human cost.

N300 trillion represents roads not built, power plants not completed, irrigation systems not funded, schools not modernised, and hospitals not equipped. It represents jobs not created and industries not catalysed. It represents stalled productivity and deferred growth.

When intervention loans remain unrecovered, agricultural output suffers. When power sector funds are unaccounted for, electricity remains unstable. When social investment funds are frozen, poverty deepens.

Inflation then compounds the pain. Revenue gaps push borrowing. Borrowing pressures, interest rates and by extension, liquidity misalignment fuel price instability. Citizens pay through higher food costs, transport fares, and rent. The poor pay first. The middle class erodes quietly.

Perhaps most corrosive is the trust deficit. When audit queries fade without visible accountability, tax morale weakens. Compliance declines. Cynicism hardens. A nation cannot modernise where trust in fiscal integrity is fragile.

Section 15(5) of the Constitution requires the abolition of corrupt practices. Financial Regulations mandate a surcharge and referral to anti-corruption agencies where public officers fail to account for funds. The Fiscal Responsibility Act empowers citizens to enforce compliance to ensure that government officials follow fiscal rules. But enforcement defines seriousness.

Nigeria’s problem is not a lack of audit findings. It is the distance between findings and finality.

Nations do not collapse overnight due to a lack of funds. They drift. Infrastructure decays incrementally. Debt rises gradually. Growth slows subtly. Confidence erodes quietly. Then one day, stagnation feels permanent. $214 billion (N300 trillion), sixteen years of recurring audit alarms. Few conclusive accountability outcomes are proportionate to the scale. Truly, the consequences have been less strong. For the same reason, the country witnessed President Tinubu nominating ex-NIA boss Ayodele Oke as ambassador despite a $43 million loot in an Ikoyi apartment.

See the research breakdown of some of the audit figures that reveal staggering sums as enumerated above:

–       $10.8 billion and separately $20 billion in unaccounted oil revenues at the NNPC in 2014

–       $1.1 billion controversial Malabu Oil and Gas oil deal in 2015

–       $2.2 billion arms procurement irregularities in 2015

–       N3.4 billion from IMF COVID-19 financing flagged in a 2020 audit.

–       N149.36 billion, N37.2 billion, and multiple irregular MDA expenditures in 2020 alone.

–       N300 billion cited in public audit concerns in 2017.

–       N210 trillion in financial irregularities uncovered, N103 trillion in ‘accrued expenses’, and another N107 trillion in unaccounted ‘receivables’ (2017 -2023).

–       N57 billion Ministry of Humanitarian Affairs – (2021)

–       N3 trillion and N1.44 trillion flagged in 2022 audit issues involving the Central Bank of Nigeria.

–       Nearly N630 billion under the Anchor Borrowers Programme is reportedly unrecovered.

–       N784 billion in overdue intervention loans flagged.

–       Over N3.403 trillion unaccounted for across federal MDAs between 2019 and 2021.

–       Roughly 30 trillion+ in Treasury Single Account and Consolidated Revenue Fund discrepancies raised at the Senate level.

–       N500 billion in unremitted oil revenues between 2019 and 2024.

–       N80 billion tied to alleged fictitious contracts in the Accountant-General’s office.

–       N69.9 billion in uncollected statutory tax liabilities.

–       Billions more in unauthorised or undocumented expenditures across ministries.

The institutions differ. The years differ. The audit language differs. The pattern does not.

Nigeria’s economic future will not be determined solely by how much oil it produces, how many reforms it announces, or how many executive orders it signs. It will be determined by whether every naira earned enters the Federation Account transparently, whether every intervention loan is tracked and recovered, whether every surplus is remitted constitutionally, and whether every diversion carries consequences. Revenue generation matters. Revenue protection is destiny. Because when government funds go missing, nations do not stand still. They move backwards.

Blaise, a journalist and PR professional, writes from Lagos and can be reached via: bl***********@***il.com

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The Hidden Workforce of the 2026 Access Bank Lagos City Marathon

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Lagos City Marathon Hidden Workforce

When the final runner crossed the finish line at the 11th edition of the Access Bank Lagos City Marathon (ABLCM), the applause began to fade. But for hundreds of workers across Lagos, the real work was just beginning.

Major highways had been closed to facilitate the event. Tens of thousands of runners moved through the city in a coordinated surge of athletic endurance. Thousands of bottles of water and energy drinks were distributed, alongside sachets containing essential medical supplies and medication. The race route itself was meticulously prepared, lined with banners, barricades, medical tents and precision timing systems that ensured safety, organisation and accurate performance tracking from start to finish.

What followed was the part that a few cameras lingered on, yet it remains one of the clearest indicators of institutional progress.

Within minutes of the race conclusion, coordinated sanitation teams fanned out across the marathon corridor. Their work went beyond sweeping. Waste was systematically sorted. Plastic bottles were separated from general refuse. Sachets were gathered in bulk. Collection trucks moved along predefined routes, ensuring rapid evacuation of waste. Temporary race infrastructure was dismantled with quiet precision.

In a megacity like Lagos, speed is a necessity. Urban momentum cannot pause for long. The ability to restore order quickly after an event of this magnitude reflects operational discipline across interconnected systems, municipal authorities, environmental agencies, private waste management partners and event coordinators.

Globally, large-scale sporting events are no longer evaluated solely by participation numbers or prize purses. Sustainability has emerged as a defining metric. Environmental responsiveness is now a core measure of credibility. Cities seeking tourism growth, foreign investment and international partnerships must demonstrate that scale does not compromise responsibility. The 2026 marathon provided a compelling case study in this evolution.

The clean-up operation itself generated meaningful economic activity. Temporary employment opportunities emerged for sanitation workers and logistics personnel. Recycling partners engaged in material recovery, reinforcing circular economy value chains. What was once viewed as routine waste disposal has evolved into a structured ecosystem of environmental services, a sector of increasing importance in modern urban economies.

This level of sustainability was the result of deliberate planning. Effective post-event recovery requires route mapping, waste volume projections, coordination between sponsors such as Access Bank Plc and municipal bodies, contingency planning for congestion points and clear communication protocols.

Each edition of the marathon has built on lessons from the last. International participation has expanded. Accreditation standards have strengthened. Media visibility has grown. Most importantly, environmental management has become embedded in the marathon’s operational framework rather than treated as an afterthought.

Progress rarely arrives in dramatic leaps, it advances through incremental improvements, refined systems and institutional learning. Just as elite runners close performance gaps through disciplined training, cities strengthen their global standing through consistent operational excellence.

The 2026 marathon, therefore, tells a story that extends far beyond athletic achievement. It is a story of coordination, sustainability as strategy rather than slogan, and the often unseen workforce, sanitation workers, planners, volunteers, security officials and environmental partners, whose discipline sustains the spectacle.

Because in the end, global cities are judged by how well they host and how responsibly they restore. On the marathon day in Lagos, it was the runners who demonstrated endurance and the systems, and the people behind them, who ensured that when the cheering stopped, the city kept moving.

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