Tag: acquisition

  • Skills acquisition begins

    The Federal University of Agriculture, Abeokuta’s (FUNAAB’s) Centre for Entrepreneurial Studies (CENTS) has commenced the vocational entrepreneurial skills acquisition programme for the year.

    According to the Director of CENTS, Prof Adewale Dipeolu, the programme would last for nine weeks and cover soft skills areas such as business plan development, business registration, funding, product patenting and hard skills in areas which participants have chosen for themselves.

    Dipeolu said at the end of the programme, participants were expected to create their own micro, small and medium scale enterprises over time and in the process, create jobs and grow the economy.

    The Coordinator of the programme Dr. Funmilayo Braide, said as part of the training, participants would be tutored by skill leaders from various fields, such as graphics, catering, aquaculture, bead-making, interior decoration, textile design, photography and automation fabrication.

    She added that the centre aims include creating and promoting entrepreneurial awareness and opportunities, imparting entrepreneurial skills on staff and students of the university.

  • NATCOM completes NITEL, Mtel’s acquisition

    NATCOM completes NITEL, Mtel’s acquisition

    The Bureau of Public Enterprises (BPE) at the weekend, said the preferred bidder of Nigerian Telecommunications Limited (NITEL) and its mobile arm (Mtel), NATCOM Consortium, has paid $176,575,700 (N29,696,469,600) — being the outstanding 70 per cent of the $252,521,000 bid price for the acquisition of the assets and business units of the enterprises.

    Its Head, Public Communications, Chgbo Anichebe, said the company paid the 70 per cent balance April 2, four days ahead of the April 7 deadline for payment.

    NATCOM had on January 6, this year  paid $75,756,300 (N12, 727,058,400), being 30 per cent of the bid price in line with the offer letter by the Bureau of Public Enterprises (BPE), which mandated NATCOM, to make an initial deposit of 30 percent of the bid price not later than 14 days from the date of the offer letter.

    With the earlier 30 per cent payment, NATCOM was expected to pay the remaining balance of 70 percent of the bid price within 90 days which was to expire on April 6, this year but due to the public holiday arising from the Easter celebration, the deadline was extended to April 7.

    The National Council on Privatization (NCP) had at its meeting of February 27, 2012, approved the privatisation of Nigerian Telecommunications Plc (NITEL) and Nigerian Mobile Telecommunication (MTEL) through “guided liquidation”.

    The strategy was adopted by the Council after due consideration of other options and in the light of the previous failed attempts to privatise NITEL and MTEL through Strategic Core Investor Sale and Negotiated Sale strategies and the huge liabilities to creditors to the tune of over N300 billion.

    Under the guided liquidation strategy, all the core assets and business undertakings of NITEL and MTEL were to be sold a qualified bidder by the Liquidator under the general guidance of the National Council on Privatisation.

    Thus, the bidder that acquires the assets of NITEL and MTEL will pledge to continue to operate the assets to provide telecoms services. This is as against the traditional liquidation of an enterprise by assets stripping.

     

     

     

    Consequently, advertisements for submission of Expressions of Interest (EoIs) from prospective bidders for the acquisition of the assets and business undertakings of NITEL and MTEL were placed in both local and international print media by the Liquidator. At the closing date on June 30, last year, 17 organisations/consortia submitted EoIs out of which only two satisfactorily met the stipulated criteria for pre-qualification.

    On September 18 last year, the two successful applicants, NATCOM Consortium and NETTAG Consortium, that met the minimum pass mark of 75 per cent were pre-qualified and issued the Request for Proposals (RfP) and allowed to proceed to data room and physical due diligence stage prior to preparation and submission of their technical and financial proposals.

    The deadline for submission of technical and financial bids was November 7 last year. The two pre-qualified bidders, NATCOM Consortium and NETTAG Consortium, submitted their technical and financial bids before the expiration of the deadline. The technical bids received from the two bidders were evaluated.

    Unfortunately, one of the two pre-qualified bidders, NETTAG Consortium, was disqualified for failure to enclose a bid bond as clearly stipulated in the RFP.

    Following the disqualification of NETTAG Consortium, only the financial bid of NATCOM Consortium qualified for opening having scored an average of 92 per cent in its technical proposal which was above the minimum pass mark of 75 per cent, and had also satisfied the requirement of a valid bid bond.

    Accordingly, the financial proposal of NATCOM Consortium was publicly opened December 3, last year which it won with a bid price of $252.25m.

    Consequently, the Consortium in December 22 last year  in Abuja, signed the Assets Sale Agreement and obtained the Offer Letter from the Liquidator of NITEL/MTEL and the BPE.

    The companies would be handed over to the NATCOM Consortium after the approval of the NCP.

  • How acquisition of Mainstreet Bank will boost Skye Bank’s status

    How acquisition of Mainstreet Bank will boost Skye Bank’s status

    Ibrahim Apekhade Yusuf in this report takes a look at the economic fundamentals of Skye Bank Plc following its recent acquisition of the Mainstreet Bank, one of the nationalised banks owned by the Asset Management Corporation of Nigeria (AMCON).

    For good measure a lot is bound to change in the banking sector as economic and financial pundits see the current wave of mergers and acquisition in the country as the second round of consolidation especially as banks like Skye, which acquired Mainstreet Bank, has invariably attained the status of mega banks with solid capital base.

    Road to Mainstreet acquisition

    Between September 11, 2014 and now, the Asset Management Corporation of Nigeria (AMCON) announced names of the preferred bidders for two of its three banks penciled down for sale.

    On September 11, AMCON announced Heritage Bank Limited as the preferred bidder for Enterprise Bank, three weeks after, it named Skye Bank Plc as the preferred bidder for Mainstreet Bank Limited.

    Skye Bank, a leading tier 2 Bank in Nigeria, was among the eight banks recently designated as ‘Systemically Important Banks’, which reflects its industry leadership, strong market share, diverse location spread, and strong brand equity. AMCON, in a statement signed by its Head, Corporate Communications Strategy and Research, Mr. Kayode Lambo, announced Cedar One Investment Partners Limited as the first reserve bidder and Fidelity Bank Plc as the second reserve bidder for the acquisition of the entire issued and fully paid up ordinary shares of Mainstreet Bank Limited.

    The corporation explained that its board of directors had approved the transaction. It, however, pointed out that the completion of the transaction was subject to the fulfillment of the conditions precedent as stated in the Share Sale and Purchase Agreement (SPA) to be executed with Skye Bank as well as the receipt of all required regulatory approvals from the Central Bank of Nigeria (CBN) and the Securities and Exchange Commission (SEC).

    However, within four days of the announcement of Skye Bank as the preferred bidder by AMCON, the bank effected payment of the mandatory 20 per cent before the expiry of the one-week given.  This was on October 9, the same day it signed the Share Sale and Purchase Agreement. And in a rare display of buoyancy, leadership and commitment to see the deal is properly closed, the bank again, on October 31 paid the 80 per cent balance to complete the takeover of Mainstreet with one week to the deadline given by AMCON.

    Implication for banking landscape

    In the view of analysts, the acquisition of Mainstreet Bank has launched Skye into the league of the top three banks in Nigeria and with very promising future. It is believed that the bank will leverage on the widespread of Mainstreet branch network to consolidate its calculated advancement thereby giving it a superior place in the league of Nigeria’s top three banks.

    According to Skye Bank, the acquisition will avail it of many benefits, including cost leadership, business optimisation, and greater ability to offer business convenience to its teeming retail and commercial customers, with a combined branch network of over 450, across all the states of the Federation.

    Mainstreet Bank, then AfriBank used to be the fourth biggest bank, after First Bank, Union Bank and UBA.

    AMCON had announced Skye Bank as the preferred bidder for the acquisition of all its interest in Mainstreet Bank, representing the entire capital of the bridge bank. Skye Bank emerged the preferred bidder after a rigorous bidding exercise that spanned five months, with over 20 bidders contending.

    Reacting to the development, Skye Bank said the acquisition of Mainstreet Bank was part of its strategic plan for growth. Skye Bank emerged from the very successful merger and integration of five banks in 2006, following the first phase of the banking industry consolidation. The Bank intends to leverage its wealth of experience from the successful integration of five banks to drive efficiency, increase market share and ultimately ramp up stakeholder value from the acquisition of Mainstreet Bank.

    The bank said the acquisition would help deepen its penetration of the South East and South South regions where it is currently less represented, explaining that out of Mainstreet Bank’s 201 branches and nine subsidiaries, 26 per cent or 54 branches are located in the two regions.

    “These two regions also accounted for 28 per cent of Mainstreet Bank’s over 1.9 million customers, second only to Lagos with 37 per cent. This clearly shows that the integration of Mainstreet Bank will enable us make valuable in-roads into these two regions without the need to incur huge expenditure had we remained a single entity as Skye Bank”, the top lender explained.

    Besides, Skye Bank explained that the acquisition would bring valuable synergies from the mutual focus areas of commercial and retail banking of the two entities in a larger Skye Bank. The bank noted that its focus is on retail and commercial banking, which is also the main focus areas of Mainstreet Bank Limited.

    A flip through Mainstreet Bank Limited’s 2013 audited results, put retail and commercial banking contribution at 78 per cent, 36 percent, and 18 per cent of total deposits, total loans and profit before tax. Also, Mainstreet’s savings and demand deposits accounted for 21 per cent and 43 per cent of deposit mix, which also demonstrated its focus on these two segments.

    Mainstreet Bank, according to insiders to the deal, has a large pool of very loyal institutional and corporate customers, in spite of its status as an AMCON-owned bank, ascribing customer loyalty to the existence of Mainstreet’s current 1.9 million customers, a little less than the pre-AMCON takeover figures.

    Skye Bank’s fundamentals

    Skye Bank Plc has announced its Third Quarter result with moderate growth in some performance indices. It recorded a Profit before tax of N12.3billion during the period which represents a quarter on quarter growth of 33 per cent%.

    With gross earnings of N97.1billion, the bank was able to reduce its interest expense by 15 per cent Year on year to close at N30.3billion compared to N35.7billion as at September 2013. This is in line with its operational strategy of increasing the volume of low cost funds in its deposit portfolio.

    The Bank closed with a year-to-date net loans and advances balance of N576billion showing a 6% increase Year on year. Similarly, customer deposits grew to N801.7billion as against N726.8billion of the previous year while asset size remained strong at N1.1trillion with a 3 per cent year-on-year growth.

    The bank said barring any unforeseen circumstances, the growth pattern would be improved on in the remaining period of the financial year.

    “Our loan impairment charge increased by 62 per cent Year on year to N7.5billion, being a deliberate policy of aggressive provisioning early in the year to enable a fairly sustained position and avoid high concentration in the last quarter of the year. Non-interest income improved by 15 per cent YoY to N17.6billion compared to N15.2billion of the corresponding period in 2013.”

    To analysts, combining Mainstreet Bank numerous branches with Skye Bank’ the new status may sure give First Bank, Zenith and GT Bank a run for their money.

    Skye Bank parades Sterling management team. As if they knew they would go this big, there has been continuous restructuring in the last few months, including a new Managing Director/Chief Executive, Mr. Timothy Oguntayo, with futuristic outlook working with people of equal strength.

  • Skye Bank pays N100b to complete acquisition of Mainstreet Bank

    Skye Bank pays N100b to complete acquisition of Mainstreet Bank

    Skye Bank Plc at the weekend paid the 80 per cent balance for Mainstreet Bank’s shares, beating today’s deadline.

    Assets Management Corporation of Nigeria (AMCON) and investment banking industry sources confirmed the payment and the completion of the acquisition.

    Sources said Skye Bank paid N100 billion to AMCON on Friday as balance for the acquisition, which was valued at N120 billion.

    Skye Bank, on October 9, paid the mandatory deposit of 20 per cent for the acquisition,  a deal that was valued at between N120 billion and N126 billion. The differential in the value was due to the variation in the exchange rate base used by the various sources for the dollar-based value of the deal.

    The payment of the 80 per cent balance has fulfilled the terms of the Share Sale and Purchase Agreement signed by AMCON and Skye Bank.

    With the payment, Skye Bank Plc has completed one of the biggest acquisitions in Nigeria, a deal which also leapfrogged Skye Bank as one of the biggest and largest banks in terms of branch network.

    Mainstreet Bank has nine subsidiaries and a large distribution network comprising 201 branches across 35  states and the Federal Capital Territory, Abuja. It has nine cash centres and 200 Automated Teller Machines (ATMs).

    The management of Skye Bank had said acquisition was one of the bank’s strategic plans for growth, having itself been a product of one of the complex mergers and acquisitions. Skye Bank emerged from the merger and integration of five banks in 2006, following the first phase of the banking consolidation.

    The bank said it intends to leverage its wealth of experience from the successful integration of five banks to drive efficiency, increase market share and, ultimately, ramp up stakeholder value from the acquisition of Mainstreet Bank.

    The management of Skye Bank has also assured the customers of Mainstreet Bank of excellent service and superior value in the enlarged Skye Bank.

    The acquisition will avail the bank of many benefits, including cost leadership, business optimisation, and greater ability to offer business convenience to its teeming retail and commercial customers, with a combined branch network of over 450, across all the states.

    Skye Bank, a leading tier 2 Bank, was among the eight banks recently designated as “Systemically Important Banks”, which reflects its industry leadership, strong market share, diverse location spread, and strong brand equity.

  • NDE commissions skills acquisition centre

    NDE commissions skills acquisition centre

    The National Directorate of Employment (NDE) has commissioned a model skills acquisition centre capable of accommodating 250 trainees in different trades.

    Its Director General, Malam Abubakar Mohammed said the centre, located at Kuduru District, Bwari Area Council, is fully equipped with modern tools and equipment for both technical and agricultural vocations.

    Mohammed added that the centre, which has boarding facilities in a conducive environment for effective and efficient skills empowerment, will produce a pool of sound artisans as well as modern farmers relative to the demand of the economy and the nation at large.

    He said the skill-sets currently offered, but which would be expanded in the future, are welding, computer operation/maintenance, mobile phone repairs, plumbing, electrical installation, hair dressing, catering, interior decoration, radio/TV repairs, auto electrical, fashion design, cane furniture making, video/photography, satellite installation/maintenance, knitting, soap making, motorcycle repairs and food processing.

    Some of the skills will have between two to four different sets of trainees annually at no cost to beneficiaries.

    The NDE boss said to date, the directorate has established 74 centres nationwide, adding that 64 are fully operational while 10 are at various stages of completion.

    He said youths do not have any reason to remain idle at home. “Learn some vocational skills. It is a vehicle for you to reassert your  dignity, occupy a productive place, feel useful and contribute positively to the family, community and the nation at large,” he said.

  • Don preaches skills acquisition

    For Nigeria to overcome the challenges of sustainable development and growth, there is need for review of curriculum of tertiary institutions, which must emphasise skills acquisition. This was the submission of Prof Ayodeji Olukoju, Vice-Chancellor of Caleb University in Imota, Lagos.

    The VC made the suggestion at a conference of School of Business and Management Studies, Lagos State Polytechnic (LASPOTECH). He was the lead speaker at the conference with the theme: Sustainability of political, economic and educational systems in developing countries.

    Olukoju said: “The curriculum of formal institutions needs a strong element of skills acquisition and vocational training. For those of us in tertiary institutions, the relevant questions to answer at this juncture are: should tertiary institutions provide general knowledge or specialist training? What should universities, polytechnics and colleges of education be doing? To what extent do we maintain academic standards and remain globally competitive?  I wish to suggest that a holistic curriculum is required to at this stage of our national development.

    “We need to produce graduates of tertiary institutions who can work with their hands and think on their feet. Ultimately, we should make our education sector more directly relevant to the needs of the economy and society. Entrepreneurial education and vocational training should form the backbone of the curricula.”

    Olukoju urged students to avoid demanding grades from lecturers, saying they should instead submit themselves to quality peer review.

    He added: “Students should engage in skilled jobs and as well face their studies because skill acquisition and academics qualification produce better output as a graduate.”

  • Recapitalisation:MfBs urged to consider merger, acquisition

    Recapitalisation:MfBs urged to consider merger, acquisition

    Microfinance banks  (MfBs) yet to recapitalise  in line with the Central Bank of Nigeria (CBN) directive have been urged to seek local or international funding or go into mergers and acquisition.

    The National President of Nigeria Association of Microfinance Banks (NAMB), Valentine Whensu, told The Nation that the MfBs have been advised to merge or ask their directors for fresh funds.

    According to the CBN, MfBs are supposed to recapitalise into state and national categories. Those which are unable to recapitalise are to remain as units. To recapitalise, a unit MFB needs N20 million, state MfB, N100 million and national MfB, N2 billion.

    A unit MfB bank is authorised to operate in one location without branches/cash centres, while that of a state is allowed to open branches in the same state or the Federal Capital Territory (FCT). But a national MfB can operate in more than one state, including the FCT. It is allowed to open branches in the states and the FCT, though subject to the approval of the CBN.

    Whensu, who is also the Managing Director and Chief Executive Officer of Global Initiative Microfinance Bank, said: “So far, so good; we have advised our members who cannot meet up with the CBN directive to merge with other microfinance banks, or ask the directors to inject fresh funds. And again, they also need to look properly at their books, to see exactly what they needed to do to meet up the recapitalisation move.”

    The banker said by severally shifting the recapitalisation deadline, the CBN has shown that it is committed to the success of the subsector.

    “The CBN has been so kind with us. I just appeal to our members to meet up with these conditions,” he said.

    The bank chief said the association can only help in terms of capacity building, so as to enable operators improve their businesses.

    “A lot of us are here to ensure that operators in the MfB subsector do things right, since we don’t have funds for giving them. But I advise them to embrace international funding, where available,” he said.

    The CBN said many MfBs were deficient in their understanding of the microfinance concept. It said poor corporate governance and a high level of non-performing loans, among others, are also key challenges facing the subsector.

    According to CBN’s operational guidelines for the establishment of MfBs, they are not expected to engage in excessive spending.

    The CBN had shifted the recapitalisation deadline for the subsector by one year to December 31, 2013.

    In a circular to banks before the new deadline, CBN Director, Other Financial Institutions, O.A. Fabamwo, said it was exigent to remind directors and shareholders of MfBs that the deadline is sacrosanct.

    He, however, advised the banks to conduct due diligence and seek legal and financial advice. He reminded directors and shareholders of MfBs on the deadline for compliance with the Revised Microfinance Policy Framework, particularly on the capital requirements for each category of MfBs and branches/cash centres.

    He said henceforth, ‘customer interaction centres’, ‘meeting points’ and ‘customer service centres’, or similar outlets, located outside the registered business premises of a unit MfB shall be regarded as unauthorised/unapproved branches/cash centres if the deadline is not met.

    Besides, previous approvals for such outlets for unit MfBs have become null and void from the date of approval of the Revised Policy Framework by the Board of Directors of the CBN.

    “Also, insider-related loans shall not exceed five per cent of the shareholders’ funds unimpaired by losses. For this purpose, loans under a staff scheme shall not be taken into account. State and local government’s equity participation in MfBs is allowed under the revised guidelines to facilitate financial inclusion. However, all such investments must be gradually divested to private-sector investors within a maximum of five years.

    “In addition to the Head Office, Unit MfBs are allowed to have not more than one branch within the Local Government Area approved for their operation. This is subject to the availability of free funds (shareholders’ funds unimpaired by losses, less fixed assets and long term investments) of at least N20 million and maintenance of the prescribed minimum prudential requirements,” the CBN said in  new guidelines for the subsector.

    Many of the MfBs liquidated by the Nigeria Deposit Insurance Corporation (NDIC) ran into trouble when their debtors refused to pay back their loans, over 80 per cent of which were unsecured. Besides, some of the MfBs were taking excessive risks, and branching out too quickly without considering resources at their disposal and whether utilised funds were short or long term obligations.

  • SEC blocks aggressive acquisition in new rights’ rules

    SEC blocks aggressive acquisition in new rights’ rules

    Securities and Exchange Commission (SEC) has amended the rules and regulations guiding the issuance of shares to existing shareholders by a company, in a move that will block major shareholders from acquiring renounced shares at the expense of the other shareholders.

    An amendment to the rules and regulations on rights issue approved by the board of SEC indicated that allotment of renounced shares under rights issue would now be distributed proportionately among all shareholders on the basis of additional shares applied for by the shareholders.

    Rights issue pre-allots shares to existing shareholders on the basis of their shareholdings at a cut-off date. However, shareholders may decide to fully take their pre-allotted shares or take part of the allotment or reject the entire allotment. Partial acceptance or non-acceptance of rights creates room for renounced shares. Other shareholders may request for additional shares from the renounced shares. However, shareholders who renounced their shares may sell their rights through rights trading on the Nigerian Stock Exchange (NSE).

    Rights issue gives the first right of refusal to existing shareholders and thus preserve existing shareholding structure. Some major shareholders had however used the loopholes in the previous rules to aggregate renounced rights and increased their majority shareholdings. For instance, Cadbury Schweppes had increased its majority equity stake in Cadbury Nigeria to 74.99 per cent by acquiring additional rights’ shares, which were not picked up by the Nigerian investors.

    The new amendment to the basis of allotment stipulates that “in the case of a Rights Issue, the allotment of the renounced shares shall be pro-rated on the basis of additional shares applied for by eligible shareholders, as stated by the rights circular”.

    The amendments come on the heels of increased number of companies filing for rights issue as core investors in several quoted companies led efforts to inject new equity funds to bridge equity financing gaps and reduce dependence on bank loans.

    Against the background of the dormancy in the public issue segment of the primary issue market and high interest expenses, several core investors that hold the decisive votes and funds necessary for the success of recapitalisation of quoted companies have opted to inject additional funds, hoping to rally minority shareholders to provide much-needed equity funding to their companies.

    The Nation’s check with investment banking sources indicated that not less than 10 companies have initiated plans to raise new equity funds, with most opting for rights issue. Unity Bank is currently raising N19.2 billion through a rights issue. Presco is seeking to raise N3.5 billion while May & Baker Nigeria is considering raising some N3 billion from existing shareholders. Julius Berger Nigeria is also considering raising about N8 billion while market sources indicated that many companies including RT Briscoe, Oando and Cement Company of Northern Nigeria (CCNN) among others could be raising funds in the period ahead.

    Market analysts said the growing list of rights issues underscores the preparedness of core investors to refinance their companies as well as the undervaluation of several companies at the stock market. According to analysts, rights issue implies significant financial commitment by the core investors.

    Unity Bank plans is raising N19.22 billion through a rights issue of 38.447 billion ordinary shares of 50 kobo each to existing shareholders at a price of 50 kobo each. The rights have been pre-allotted to shareholders on the register of the bank as at December 16, 2013 on the basis of one new share for one share held as at the closure date. The rights issue will close later this month.

    Presco Plc plans to raise about N3.5 billion from existing shareholders with the board of directors of the oil-palm processing company expected to table a proposal for the new equity issue before the shareholders at the forthcoming annual general meeting.

    The board of Presco would be rooting for a rights issue of 100 million ordinary shares of 50 kobo each on the basis of one new share for every 10 shares held as at the qualification date. The board has indicated that the rights would be offered at N35 per share.

    If approved at the general meeting, Sa Siat nv, which holds 60 per cent majority equity stake in Presco, will provide nearly two-thirds of the rights funds. Presco has 10,000 shareholders with the largest group of shareholders holding small units within the range of 1000 to 10,000 shares.

    In the case of May & Baker Nigeria, Lt. Gen. Theophilus Danjuma (rtd), the major core investor in the healthcare company, will provide some one-quarter of the required equity funds if all shareholders pick up their rights. There are indications that Danjuma, who had earlier extended N2 billion bail-out to the company, might consider providing additional equity funds beyond his pre-allotted shares to bolster the success of the rights issue. Danjuma, a multi-billionaire, at the last count, held the largest equity stake of 24.38 per cent in May & Baker Nigeria through his company, T.Y Holdings Limited.

    Shareholders of Julius Berger Nigeria Plc are expected to vote on a new capital issue that could see injection of about N8 billion into the leading construction company. While the details of the new issue are still sketchy, directors of the company have indicated they could be raising funds through any form of debt and or equity instrument by way of public offering, private placement and rights issue among others.

    At the forthcoming general meeting of Julius Berger Nigeria next month, shareholders are expected to increase the authorised share capital of the company from N622.50 million, comprising 1.245 billion ordinary shares of 50 kobo, to N800 million, comprising 1.6 billion ordinary shares of 50 kobo. This will create headroom for new issues.

    The board of Julius Berger Nigeria would also be rooting for shareholders’ mandate to issue up to 150 million ordinary shares of 50 kobo each in the authorised share capital of the company to identified investor(s) by way of special placement, at a price  per share to be determined on the basis of the volume weighted average closing price derived from  the daily official list of the Nigerian Stock Exchange (NSE) over the 90 day period immediately preceding the date on which the company obtains the approval of  the Securities and Exchange Commission (SEC).

    Market analysts said they expected more companies to file for rights issue given the high gearing ratios of several quoted companies, which interest burden could stifle returns to shareholders in the period ahead.

  • CBN, Sanusi against review of Intercontinental Bank’s acquisition by Access Bank

    CBN, Sanusi against review of Intercontinental Bank’s acquisition by Access Bank

    The Central Bank of Nigeria (CBN) and its suspended Governor, Lamido Sanusi have faulted a suit by some shareholders of the defunct Intercontinental Bank, seeking a review of the process leading to the bank’s acquisition by Access Bank Plc.

    In separate notices of preliminary objection, the CBN and Sanusi urged the court to dismiss the suit for want of jurisdiction.

    The applicants hinged their objection on the grounds that the plaintiffs lacked the locus standi to file the suit; that the suit was statute barred and that the plaintiffs have no cause of action against them.

    Sanusi, in the objection filed by his lawyer, Sam Kargbo, argued that the suit amounted to an abuse of court process and that it was improperly commenced.

    He contended in a supporting affidavit, that the merger and takeover of Intercontinental Bank by Access Bank was done pursuant to a court-ordered merger; that the merger and takeover are lawful and valid since it was done in good fate and in full incompliance with all relevant laws and regulations.

    Sanusi stated that his role in relation to the merger was restricted to his ensuring the regulatory oversight functions of the CBN and that he was not involved in the transactions that led to the bank’s takeover by Access.

    The CBN argued, in its objection, that the suit was statute barred having been filled outside the time limit allowed for challenging acts of public officers.

    It also contended that the court lacked the jurisdiction to hear the suit by reason of the provisions of section 53(1) of the Banks and Other Financial Institutions Act (BOFIA) and section 52(1) of the CBN Act, 2007.

    Yesterday, the plaintiffs’ lawyer, Chris Uche (SAN) told the court that he was served with copies of the notices of preliminary objection filed by Sanusi and CBN earlier before the court sat.

    He also acknowledged the service on him, of  ?applications for joinder by some individuals seeking to be made parties in the suit.

    Uche sought for time to enable him respond to? the pending applications, an application the defendants did not object to.

    Trial judge, Justice Ahmed Mohammed has adjourned to July 16 for mention and possible hearing.

    The suit instituted by some shareholders of Intercontinental Bank – Abdullahi Sani, Adaeze Onwuegbusi and Chijioke Ezeikpe, has Sanusi, the CBN and the Securities and Exchange Commission (SEC) as defendants.

    It is the plaintiffs’ main contention that the process through which Access Bank acquired Intercontinental Bank, during the banking reform exercise supervised by the CBN under Sanusi, was allegedly untidy and fraudulent.

    The plaintiffs, in their originating summons, urged the court to among others, determine,

    * Whether Sanusi, acting as the Governor of the CBN, “did not act fraudulently in breach of his public office, against the public interest and contrary to the provisions of Sections 12, 32, 35 and 39 of the Banks and Other Financial Institutions Act (BOFIA), “ deliberately undervalue the bank and sold it to his friends in Access Bank when the bank;s Managing Director and Deputy Managing Director,  Aigboje Aig-Imoghuede and Herbert Wigwe, were allegedly indebted to Intercontinental Bank, to the tune of N16.2billion, to the knowledge of the 1st defendant (Sanusi).

    *Whether Sanusi, acting as Governor of CBN did not act fraudulently, in breach of his public office, against the public interest and contrary to the provision of sections 12, 32, 35 and 39 of BOFIA, in taking over Intercontinental Bank and selling same to Access Bank Plc, “notwithstanding that the facilitator of the said sale/buy-over transaction, Senator Bukola Saraki, was also indebted to Intercontinental Bank Plc, to the tune of N8.9bn, through his companies, Limkers, Dicetrade, Skyview Properties and Joy Petroleum, to the knowledge of the 1st defendant.”

    *Whether Sanusi did not act fraudulently “in waiving/writing off the sum of 16.2billion owed by the Mr. Aig-Aigboje Imokhuede and Mr. Herbert Wigwe, the MD and Deputy MD of the Access Bank and the sum of N8.9billion owed by Senator Bukola Saraki and other sums so owed, all totaling over N40billion in a bid to enable the said Access Bank to fraudulently purchase Intercontinental Bank at a ridiculous sum of N50bn only, even when the quarterly profit of the said Bank was more than N50bn and which Bank at the material time was worth more than N1trillion, to the detriment of the Plaintiffs as shareholders and investors.”

  • AIICO mulls merger, acquisition

    AIICO Insurance Plc plans to embrace merging and acqusition.

    Its Chief Operating Officer, Mr. Tunde Fajemirokun, gave the indication during the introduction of the new management team of the firm in Lagos.

    He affirmed that there is an influx of foreign investors coming into the market because of its untapped potentials.

    He lauded the decision of the Federal Government to stop issuing new licences to insurance companies, noting that existing companies need to come together for the market to grow.

    To cope with ongoing competition, Fajemirokun said the company investing in its operations, technology, people and agency network.

    He said: “We are also looking at enabling the existing effective schemes and also enabling them.

    “There has been some strong influx of foreign investors in the insurance market and most of them have positioned themselves.

    “For AIICO, we have had a lot of potential suitor that want to merge or even acquire us. Two years ago, we had agreement with shareholders to raise some money and we have been talking to investors and some of them, you will hear about soon. We have acquired before but sometimes there is need to be careful with acquisitions. Sometimes the company acquired captures most of the value and not the other way round so we are being careful about acquiring any company.”

    He pointed out that insurance penetration was still very low in the market, adding that there were various reasons for this.

    “The foreign investors believe they can improve on insurance penetration and develop our products a lot better than they are today. We also have the National Pension Commission (PenCom) regulated annuity which is a huge part of the market coming up,” he said.

    He said the company is more interested in strategic investment in order to improve product development, operations and technology adding that the firm is challenged by ongoing development in the industry and plans to remain the market leader.