Connect with us

Business

Stewardship, not seizure: What the Union Bank case is really about

Published

on



Stewardship, not seizure: What the Union Bank case is really about

By Cynthia Alo

There is a particular genre of financial commentary that mistakes legal process for a factual verdict. A court delivers a first-instance ruling, procedural questions are raised, and before the ink is dry on the appeal filing, the narrative has already hardened: the regulator overreached, investor confidence is shattered, and Nigeria’s financial governance is on trial before the world.

Much of the commentary currently circulating about Union Bank of Nigeria belongs to that genre. It is not without merit on certain procedural questions.

But it is, at its core, incomplete — and incompleteness in financial journalism carries costs that run well beyond the column.

The Acquisition That Started Everything

In 2022, Titan Trust Bank Limited, then chaired by Mr Tunde Lemo, acquired approximately 94 per cent of Union Bank of Nigeria through two Dubai-registered entities: Luxis International DMCC, promoted by Mr Rahul Savara, and Mr. Cornelius Vink’s Magna International DMCC, both linked to the Tropical General Investments (TGI) Group.

The US$300 million transaction was financed predominantly through an Afreximbank facility.

The CBN’s policy is unambiguous: borrowed funds may not be used to acquire shares in a licensed financial institution. That principle exists because debt-funded acquisitions hollow out the very capital base they purport to build.

That is precisely what happened. A forensic audit found that the Afreximbank loan was ultimately reflected in Union Bank’s own books, with no hedging arrangements against naira depreciation. As the currency weakened, revaluation losses intensified, the capital adequacy ratio deteriorated into negative territory, non-performing loan exposure increased significantly, and a substantial capital shortfall emerged. Critically, as stated in the Bank’s own Notice of Appeal, a special examination was conducted, and its findings were formally presented to former Managing Director, Mudassir Amray and the board, then chaired by Farouk Gumel, who were confronted with the institution’s grave financial condition and continuing regulatory infractions.

The claim that the CBN acted without evidence before dissolving the board is, on the record, simply not accurate.

The Legal Picture

The CBN acted under Section 34 of BOFIA 2020 and Section 52 of the CBN Act 2007 — broad discretionary executive powers that do not require a special examination as a condition precedent.

The Federal High Court’s characterisation of those powers as quasi-judicial is itself among the central questions now on appeal. Both the CBN and Union Bank have filed formal appeals. Union Bank’s own Notice of Appeal, filed the day after judgment on thirteen grounds and argued by Olaniwun Ajayi LP, challenges the ruling on several fronts: that the respondents may never have had locus standi to sue in the first place, under the rule in Foss v. Harbottle; that the application was filed nearly two years after the January 2024 events, well outside the prescribed three-month limitation window; and that the CBN-supervised recapitalisation exercise, mandated under Section 9 of BOFIA, cannot constitute evidence of bad faith. These are not technicalities.

They are substantive questions of law that the Court of Appeal must now determine.

The Human Stakes and the Real Question

Behind the legal arguments sit approximately 7.8 million depositors and around 6,450 employees across 281 branches. Union Bank’s own affidavit describes it as a systemically important institution in a precarious financial situation, continuing to rely on CBN forbearance for its existence — a frank admission that validates, rather than undermines the case for intervention.

Meanwhile, critics argue the dispute damages investor confidence. The wider evidence does not support that conclusion. By April 2026, thirty-three Nigerian banks had raised N4.65 trillion under the CBN’s recapitalisation framework — over ten times the 2004 to 2005 consolidation figure.

The Nigerian Exchange All-Share Index rose approximately 29 per cent in the first quarter of 2026 alone. The market has read the CBN’s resolve as stability, not recklessness. Conflating this case with a systemic confidence crisis runs the risk of misleading the very international investors the commentary claims to be protecting.

The structural vulnerability at the centre of this dispute originates not with the regulator but with an acquisition financed with borrowed funds, loaded onto the acquired institution’s balance sheet, and left unhedged against exchange-rate risk. When the CBN stepped in, it was doing what central banks everywhere are expected to do.

When Union Bank’s own legally constituted board subsequently filed its own appeal, it was signalling what a properly constituted governance structure recognises as being in the institution’s best interests. Nigeria’s appellate courts — not the court of commentary — are the appropriate arena for resolution.

Union Bank of Nigeria is a 109-year-old institution serving nearly eight million depositors. It is not being dismantled. It is being stabilised under active regulatory supervision, with operations intact and depositors protected. In the language of institutional governance, that is called stewardship.
The commentary that mistakes it for anything else does the institution, its depositors, and Nigeria’s financial governance narrative a disservice that will outlast the headlines.
*Bala Rabiu, writes from Kano.

The post Stewardship, not seizure: What the Union Bank case is really about appeared first on Vanguard News.

Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Business

Customs, agents disagree over National Single Window operations

Published

on

By


By Godwin Oritse & Efe Onodjae

There are indications of festering disagreements over the implementation of the National Single Window (NSW), a centralized digital portal launched by the Federal Government in March this year to address delays in import-export processing at the ports.

It allows importers and exporters to submit trade documents once, replacing duplicate paperwork across multiple agencies.

President of the National Council of Managing Directors of Licensed Customs Agents (NCMDLCA), Lucky Amiwero, told Vanguard that the system is not operating as envisaged, urging the government to hand over the implementation to the Nigeria Customs Service (NCS).

But Customs itself is saying there is no problem with the system presently, adding that it has recorded some early successes.

However, Amiwero said the current arrangement has failed to simplify trade documentation and cargo clearance, contrary to the objectives of a Single Window system.

“Instead of a single window, what we have are multiple windows that are complicating the process for importers and clearing agents,” he said.

He dismissed reports that the project had entered a second phase, insisting that challenges identified during the initial phase remained unresolved.

According to him, the NCS has the legal mandate, operational platform and technical expertise required to implement the project under the Customs Act.

Amiwero also disagreed with the plans for electronic transmission of cargo manifests outside the Customs framework, insisting that manifest administration is a statutory responsibility of the NCS.

He urged the government to harmonise all trade documentation on a single Customs platform instead of creating multiple systems that duplicate functions.

The freight forwarder further expressed concern over persistent cargo clearance delays, saying they continue to increase demurrage and other port charges borne by importers.

Meanwhile, the NCS has said that the NSW platform has enhanced trade facilitation, improved efficiency in goods clearing and Nigeria’s competitiveness in international trade.

Also the Customs, in collaboration with the National Single Window (NSW) Secretariat, has commenced stakeholder sensitisation on submission of electronic vessel manifest as implementation of the next phase of the NSW gathers momentum.

Addressing the stakeholders, Deputy Comptroller-General in charge of ICT/Modernisation, Oluyomi Adebakin, said the exercise builds on consultations held before and after the launch of Phase One of the NSW on March 27, 2026.

She described the NSW platform as a globally accepted trade facilitation tool that would improve efficiency, transparency and Nigeria’s competitiveness in international trade.

“Since the introduction of the National Single Window, the country has begun to experience its benefits. Nigeria’s standing in international trade is improving,” she said. Adebakin stressed that electronic manifest submission would not alter Customs’ statutory responsibilities but would simply provide a faster and more transparent method of processing documents.

She added that the platform would enhance trade facilitation, improve data integrity and strengthen anti-smuggling efforts.

National Coordinator of the National Single Window Project, Tola Fakolade, commended the NCS for supporting implementation of the initiative.

He disclosed that the platform has so far issued over 100,000 licences and permits while registering more than 1,000 users, describing the progress as a significant milestone in Nigeria’s trade modernisation programme.

Continue Reading

Business

Firms expect borrowing cost to decline in 3 months

Published

on

By


By Elizabeth Adegbesan

Firms are expecting borrowing cost for banks’ loans to decline in the next three months deapite seeing rates elevated in July.

This was contained in the Central Bank of Nigeria’s, CBN, latest Business Expectation Survey Report.

CBN said: “Respondents expect borrowing rates to remain elevated across the same periods, as indicated by the consistently positive borrowing rate indices.

“The relatively stable indices, fluctuating around 18-19 points, suggest expectations of a marginal decrease in borrowing costs over the near – to medium term.”

The survey report also showed that the Business Confidence Index was 5.7 points, reflecting continued optimistic sentiment among formal businesses on the macro economy.

According to CBN, Respondents’ positive sentiment on macro economy was largely underpinned by increased demand (22.3  percent ), economic diversification (21.4 percent) and access to finance (15 percent ), while more guarded views were primarily driven by inflation (27.7 percent), insecurity (22.4 percent) ongoing energy-related challenges (23.4 percent) and elevated geopolitical uncertainties (16.5 percent).

The outlook over the next six months, CBN maintained remains strong, with confidence indices in all sectors reflecting positive sentiment over the review periods.

During the review period, businesses identified high/multiple taxation (70.8), insecurity (69.7) and high interest rate (66.3) as the top three business constraints.

These were followed by unfavourable political climate (62.2) and high bank charges (62.0).

But competition (61.1) and unclear Economic Laws (58.4) ranked lower but remain significant.

CBN noted that at the bottom of the top ten constraints were financial constraints (56.6) and poor infrastructure (55.1) reflecting relatively lower, though still significant factors.

On expansion outlook, the electricity, water and gas sector posted the highest expansion outlook at 85.7 index points. 

Nonetheless, employment expectations in August 2026 were mostly cautious across sectors, with the Mining & Quarrying sector having the most optimistic hiring outlook.

Continue Reading

Business

Manufacturers’ confidence rebounds despite high borrowing costs, power woes

Published

on

By


By Yinka Kolawole

Manufacturers’ confidence in Nigeria’s business environment rebounded in the second quarter of 2026 (Q2’26) buoyed by expectations of improved government policies and a more favourable operating climate. But the sector operators have continued to grapple with high borrowing costs, inadequate power supply, foreign exchange constraints and multiple taxation.

The latest Manufacturers CEO Confidence Index (MCCI) released by the Manufacturers Association of Nigeria, MAN, showed that the aggregate index rose to 52.1 points in Q2 2026, up from 48.7 points in the first quarter (Q1’26) indicating a return to positive business sentiment.

Director General of MAN, Segun Ajayi-Kadir, said the improvement reflected manufacturers’ optimism about the direction of government reforms rather than any significant improvement in current operating conditions.

He stated: “The increase in the MCCI to 52.1 points signals renewed confidence among manufacturers, driven largely by expectations that recent policy initiatives, including the Nigeria Industrial Policy, the ‘Nigeria First’ Policy, Executive Orders 003 and 005, and the Nigeria Tax Act 2025, will improve the operating environment.”

He, however, noted that the optimism remained fragile as manufacturers continued to face severe operational challenges.

“The confidence expressed by manufacturers is largely forward-looking. Actual business and employment conditions during the second quarter remained weak, with both indicators still below the 50-point threshold, reflecting subdued business activity,” Ajayi-Kadir stated.

He listed limited access to finance, persistent electricity shortages, high production costs, inadequate foreign exchange availability, weak consumer demand and multiple taxation as the major constraints confronting manufacturers.

Ajayi-Kadir said manufacturers remained dissatisfied with the high cost of bank credit, attributing it to the Central Bank of Nigeria’s Monetary Policy Rate, MPR, of 26.5 per cent.

“Commercial lending rates remain prohibitively high for manufacturers. The current monetary policy stance continues to constrain access to affordable financing needed for investment and expansion,” he said.

The MAN DG further expressed concern over continued regulatory bottlenecks and uncertainty surrounding the implementation of the Nigeria Tax Act 2025, saying manufacturers were yet to enjoy the full benefits of the reforms aimed at reducing multiple taxation and easing regulatory burdens.

Ajayi-Kadir added that although local sourcing of raw materials had improved, government ministries, departments and agencies were yet to substantially increase patronage of Made-in-Nigeria products as envisaged under the “Nigeria First” policy.

He urged the Federal Government to ensure strict compliance with the directive requiring MDAs to source at least 80 per cent of their procurement locally, while calling on the CBN to reduce the MPR to below 20 per cent and prioritise foreign exchange allocation to manufacturers to stimulate production and accelerate industrial growth.

Continue Reading

Trending