Home Columns and Opinion Still on Access Bank’s Bid To Recover N50bn Judgment Debt

Still on Access Bank’s Bid To Recover N50bn Judgment Debt

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By Chika Amanze-Nwachuku 

Recalcitrance of borrowers is a major challenge for the Nigerian banking sector.  Unpaid loans reduce the profitability of banks, and  prevent them from lending more to businesses and consumers, which in turn slows down economic growth.

Some so-called rich people in Nigeria brazenly walk into banks to borrow depositors’ money with no intention to repay their loan obligation. 

These daredevil loan defaulters are living large; some are flying private jets all over the place at the expense of the investors.

Today, some banks are battling to remain afloat while some had gone into extinction because of non performing loans/bad debts.

The huge challenge of debt recovery had prompted banks to resort to publishing the names and identities of directors of firms owing.

The aim was to shame the debtors by having their identities in the public domain and by so doing, make them pay up to avoid further embarrassment.

In fact, in 2015, commercial banks had adopted the approach of publishing the names of serial bad debtors and even recently too.

There was also a recent measure by the Central Bank of Nigeria, called Global Standing Instruction (GSI) programme, which gives banks the power to debit loans and accrued interests due from bank accounts of loan defaulters across the Nigerian banking system. 

These strategies have not been seen to have yielded much positive results. Instead, these loan defaulters have become more daring and devise all manner of strategies to frustrate the banks from recovering their money.

Penultimate week, the media was awash with reports of the move by top lender, Access Bank Plc, to recover over N50billion judgement debt from the late Chief Sunny Odogwu and two of his enterprises – Robert Dyson & Diket Limited and SIO Property Limited.

Precisely, the judgment debt in favour of the defunct Diamond Bank Plc (now Access Bank) was against late Odogwu and two of his companies – Robert Dyson & Diket Limited and SIO Property Limited – in respect of a property situated on No. 31-35, Ikoyi Crescent, Ikoyi, Lagos State, known as Luxury Collection Hotels and Apartments (formerly Le Meridien Grand Towers).

The property owned by SIO Property Limited of which the late Odogwu was the majority shareholder, was financed with a loan abtained from the defunct Diamond Bank.

In April 2019, following regulatory approval, Access Bank had acquired all the assets and liabilities of Diamond Bank Plc. This authorised Access Bank to pursue recovery of all outstanding debts including the huge indebtedness by the late Sunny Odogwu and two of his companies.

The debt recovery process was initiated following attempts by beneficiaries to the late Chief Odogwu estate to dissipate and sell off properties used as collateral for the loan, for which the Federal High Court ordered the bank to sell for recovery of the debt.
 
Diamond Bank ( now Access Bank), in 2014, dragged the defendants- Robert Dyson & Diket Limited, SIO Property Limited, Odogwu, the Corporate Affairs Commission (CAC), the Registrar of Title Federal Land Registry and Leadway Trustee Limited ( first to sixth defendants respectively before the Federal High Court, Lagos, after the defendants defaulted on the loan agreement with the lender. 
 The loan agreement pertained to the financing of the Le Meridien Grand Towers, known as Luxury Collection Hotels and Apartments.
Delivering judgment in the suit on November 3, 2015, Justice Saliu Saidu held that the late Odogwu and his companies are guilty of breach of Bank-Customer Relationship when they defaulted on the loan agreement. Consequently, the judge ordered the plaintiff  Bank to sell  the property used as collateral for the N26,229,943,035.22 loan.  However, with 20 per cent interest on the N26.2bn billion in the last six years the judgment was delivered, the total indebtedness had risen to over N50billion.
The bank, had in the suit, prayed the court to determine among others that whether having regards to its colossal investment/financing of the sum of N26 billion in the 1st to 3rd defendants project and by the various agreements entered between it (plaintiff) and the 1st to 3rd defendants to create a legal mortgage in favour of the plaintiff, a beneficial owner of the property on No 31-35 Ikoyi Crescent, Ikoyi, Lagos State, and the breach of the terms of the agreement by the 1st to 3rd defendants, it (the plaintiff) is entitled to the leave of the court to foreclose and sell the affected property.
In resolving the question in the bank’s favour, Justice Saidu held that the first to third defendants were in fundamental breach of the contract for the financing of the construction of the Luxury Collection Hotels and Apartments, having admitted indebtedness to the plaintiff bank.
The judge reasoned that where there was an admission of indebtedness by a party, the court could make an order for the sum admitted to be paid. 
The judge declared: “It is clear from the totality of evidence before me that there are facilities granted and disbursed….the facts of these facilities were admitted in paragraphs 8, 10, 11, 13, 14, 15, 16 and 17 of the counter affidavit.”
The judge also observed that there was no where in the pleadings of the 1st to 3rd defendants that they did not enter the contract as shown in exhibit DB3 with the agreed collateral being a third-party legal mortgage on the parcel of land located at No 31-35 Ikoyi Crescent, Ikoyi, Lagos State.
Furthermore, Justice Saidu noted that there was no evidence before the court that any of the conditions for the grant of the facility was waived or where the defendants demonstrated to the court how they liquidated their indebtedness to the lender.
In determining the matter in the favour of the bank, the court also barred the defendants from selling or alienating any of the assets, money, shares, stock and any of the late Odogwu’s negotiable instruments until the sum of N26billion owed to the bank is fully paid.
 
In utter disregard to the court order, the defendants were said to have attempted to sell the assets. This prompted the recent move by Access Bank to recover the colossal judgement debt. 
As a law-abiding entity, the top lender has vowed to deploy all  legal means to recover the huge amount.
The defendants and others backing their misdeed, have vowed to resist any attempt by Access Bank to take over the assets as ordered by a court of competent jurisdiction.
For too long, these recalcitrant debtors have serially defaulted in their repayment agreement. They go scot-free in most cases because the country has no policy that guides such recklessness.

Last year, a legal practitioner called for a national law that will assist lenders (banks and other financial institutions) to recover their money from serial bad debtors.  

Given the huge consequences of unpaid debts/non-performing loans to banking operations, something more drastic must be done by government to save the banking industry from collapse.

A stable financial system is the key to economic stability.

 

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