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LogoDaily Independent Online.         * Friday, August 13, 2004.

N25b Capital Base

Senate set to over-rule CBN

• Divides banks into mega, medium and small categories

• Raises CBN capital base to N60 billion

• Inter-bank rate crashes as apex bank withdraws N8bBy Adetutu Folasade-Koyi (Abuja) and Esan Sunday (Lagos)

 

Lawmakers and the Central Bank of Nigeria (CBN) seem set on a collision course as the Senate has begun moves to amend the CBN Act, Decree No 41 of 1999, and the Banks and Other Financial Institutions Act (BOFIA), Decree No 40 of 1999.

Both are major instruments of regulating the money market.

Contrary to CBN Governor Charles Soludo’s insistence that all banks will have a minimum N25 billion capital base, the Senate is recommending that only mega banks should be given that option.

The development in the Senate coincided with the crash in inter-bank rate following the withdrawal of N8bn from the system by the apex bank.

On Thursday, the First Reading for an amendment of both Acts was made on the floor of the Senate, chaired by Senate President Adolphus Wabara.

Second Reading would be done next Tuesday after which it would be referred to the Senate Committee on Banking, Insurance and Financial Institutions.      

A major amendment of the CBN Act raises its paid-up capital to N60 billion while banks would be categorised into mega, medium and small banks, based on their financial capabilities.  In the present CBN Act, its share capital is N300 million.

An amended Section 9 (1) of the BOFIA reads: “Amendment to Section 9 (1): Amend Section 9 (1) to read thus: Banks should be categorised according to paid-up share capital. There shall be three categories as follows: (a) Mega banks with minimum share capital of N25 billion; (b) Medium banks with minimum paid-up share capital of N10 billion; and (c) Small banks with minimum paid-up share capital of N5 billion”.

The BOFIA has 41 major amendments, the CBN Act has 10 in two separate bills sponsored by Senators Zik Sunday Ambuno, Farouk Bello-Bunza and Isaiah Balat.

Ambuno chairs the Senate Committee on Banking, Insurance and Financial Institutions, Bello-Bunza is his Deputy. Balat, who is the Chairman, Senate Committee on Privatisation, is also a member of the committee.

A major amendment of the CBN Act in Section 4 (1) reads: “Amendment to section 4: Amend 4(1) to read thus: the authorised capital of the bank shall be sixty billion naira. 4(2) remains the same. Amend 4 (3) to read thus: The paid-up capital may be increased by such amount as the board may, from time to time, resolve with the approval of the National Assembly, and shall be subscribed by the Federal Government and paid-up at par”.

In addition, an amended Section 9 (1) stipulates that the appointment of  CBN governor and deputy governors shall be subject to confirmation of the National Assembly.     

“Amendment to Section 9: Amend section 9 (1) to read thus: The governor and deputy governors shall be persons of recognised financial experience and shall be appointed by the President subject to confirmation by the Senate by instrument under the public seal and on such terms and conditions as may be set out in their respective letters of appointment”.

Section 9 (3) is amended thus: “In selecting the governor and deputy governors, the President shall have due regard for a fair representation of the financial, agricultural, industrial, and commercial interests and geographical spread of the country”.

An amended Section 9 (3) will negate President Olusegun Obasanjo’s appointment of the present governor who is an economist.

Also on Thursday, in a move that confirms that all is not well in the banking industry, the inter-bank market rate crashed again with the 30 days Nigerian inter-bank offered rate (NIBOR) rising to 20.4 per cent.

It happened just as the CBN said it has only withdrawn N8 billion from the N74.5 billion that would be ultimately withdrawn in the first phase. Consequently, most banks have placed an embargo on all facilities until further notice to enable them have enough money to honour customer demand.

The big banks have started recalling their funds from the inter-bank market  and this has further compounded the problem of medium and small banks as over 45 per cent of banks depend on inter-banks funds for survival.

CBN spokesman Tony Ede told newsmen on Thursday that contrary to reports that the bank has withdrawn N74.5 billion, it had only withdrawn N8 billion through one of the four parastatals mandated by it.

 

 

 

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