The Nigeria Deposit Insurance Corporation: The Journey So Far BY
The Nigeria Deposit Insurance Corporation: The Journey So Far BY
The Nigeria Deposit Insurance Corporation: The Journey So Far BY
BY
G. A. OGUNLEYE (OFR)
MANAGING DIRECTOR CHIEF EXECUTIVE OFFICER NDIC
1.0 INTRODUCTION
It is with great delight that I welcome you to this very important
meeting. We at the NDIC realize that the success of a deposit
insurance scheme, depends to a great extent on the level of public
awareness about the scheme. Obviously, the media is best equipped
to correctly and adequately inform the public about NDIC’s activities.
The need for cooperation and collaboration between the NDIC and
the media, with a view to engendering public confidence in Nigeria’s
financial system, cannot be overemphasized. The need to nurture
this relationship, has led us at the NDIC to hold annual workshops
with Business Editors and Finance Correspondents. This meeting
constitutes part of our efforts to foster understanding between the
NDIC and the media.
1
one of the components of the financial safety net. Other components
of the safety net are:
a. Effective Supervision; and
b. Lender-of-last-resort facility by a central bank to provide
temporary liquidity support to solvent depository institutions.
2
insurance arrangement where the premium paid necessarily
reflects the perceived level of risk inherent in the insured
person.
e. Best practice indicates participation in a DIS to be compulsory,
whereas under a conventional insurance arrangement,
participation is generally voluntary.
3
b. Giving assistance in the interest of depositors, in case of
imminent or actual financial difficulties of banks particularly
where suspension of payments is threatened;
c. Guaranteeing payments to depositors in case of imminent or
actual suspension of payments by insured banks or financial
institutions up to the maximum amount as provided for in
Section 26 of this Act;
d. Assisting monetary authorities in the formulation and
implementation of banking policy so as to ensure sound
banking practice and fair competition among banks in the
country;
e. Pursuing any other measures necessary to achieve the
functions of the Corporation provided such measures and
actions are not repugnant to the functions of the Corporation.
From the foregoing, it can be seen that NDIC was designed as a Risk
- Minimizer with powers and responsibilities to insure deposits,
supervise insured institutions and provide orderly mechanism for
failure resolution and not as a Pay-box. In that regard and in order
to achieve its objectives, the Corporation presently performs four
main roles :
< it insures the deposit liabilities of all licensed banks. Licensed
community banks and primary mortgage institutions would soon
enjoy this service;
4
< it supervises the activities of all insured institutions through off-site
and on-site examinations alongside Central Bank of Nigeria (CBN);
< in conjunction with the CBN, the NDIC also resolves distress in the
industry whenever it occurs; and
< it acts as liquidator and receiver of any failed bank.
a. Deposit Guarantee
As a deposit insurer, the Corporation guarantees payment to
depositors in the event of failure of an insured bank. In that regard,
the Corporation had paid about N3.3 billion insured deposits out of
N5.2 billion total insured amount as at the end of December, 2003,
representing about 63% of total insured claims to the depositors of
34 banks in liquidation. This development has no doubt, gone a long
way in engendering depositors’ confidence in the nation’s banking
system.
5
Having operated the scheme for over a decade, and in view of some
developments in the macro-economy in general and the financial
services industry, in particular, the Corporation observed that some
of the design features of the Deposit Insurance Scheme (DIS)
needed a review. Accordingly, a study on the appraisal of our
deposit insurance practice was carried out in 1999. One of the major
findings of the study was the inadequacy of the level of deposit
insurance coverage which was set in 1988 at N50,000.00. The study
found that the maximum insurance limit set in 1988 had become
inadequate as a result of inflation, depreciation of the local currency
and changes in the per capita income level of the country. In that
regard, the Corporation proposed an upward review of the insurance
limit from N50,000.00 to N100,000.00. The proposal is part of the
amendment of the NDIC Act which is before the National Assembly.
6
such as the Federal Reserve System, Federal Deposit Insurance
Corporation, Office of Comptroller of the Currency, Financial Stability
Institute, Financial Services Authority of UK, etc. The purpose is to
expose staff on latest techniques and developments in banking
supervision and financial services industry.
7
which are with the Agent banks are yet to be collected by the
uninsured depositors. Of the 32 banks, a final dividend of 100
percent of total deposits had been declared for 9 banks, indicating
that all their depositors had fully recovered their deposits. The banks
were:
a. ABC Merchant Bank Ltd;
b. Alpha Merchant Bank Plc;
c. Amicable Bank of Nigeria Ltd;
d. ICON Ltd (Merchant Bankers);
e. Kapital Merchant Bank Ltd;
f. Nigeria Merchant Bank Ltd;
g. Pan African Bank Ltd;
h. Premier Commercial Bank Ltd; and
i. Rims Merchant Bank Ltd.
8
had been paid the sum of N139.77 million as at the end of June,
2003. Likewise, 100% dividend was declared for Amicable Bank’s
Preferred Creditors. Furthermore, the shareholders of Nigeria
Merchant Bank (in-liquidation), i.e Ministry of Finance Incorporated
and United Bank for Africa Plc, were paid liquidation dividends
totalling N620 million. Similarly, the sum of N293 million due to
Rivers and Balyesa State Governments as former owners of Pan
African Bank (in-liquidation) is ready for collection.
e. Debt Recovery
In order to encourage debtors of failed banks to repay their debts,
balances as at the date the banks were closed were frozen. All the
interest accrued after liquidation were reversed while several
requests for interest waivers were favourably considered. In fact, in
2000, post liquidation interest amounting to N5.16 billion were
written off which made aggregate loan balances to reduce from
N35.37 billion to about N30.21 billion. All the above strategies had
9
assisted in the area of debt recovery. As at the end of December
2003, a total of about 4.9 billion had been recovered from the
debtors of the closed banks. In the same vein, 12 NEXIM projects
amounting to N81.4 million and 43 NERFUND projects amounting to
N124.3 million were returned to the funding agencies.
10
prosecuted was reported to the EFCC by the Corporation in
March, 2003. Also, the NDIC investigations had assisted the
Federal Inland Revenues Service (FIRS) to recover, in 2003
over N700 million Value Added Tax and Withholding Tax which
were diverted/converted by some banks.
11
partake in the sharing and exchange of expertise and information on
deposit insurance issues.
Organisation Review
In order to evolve a more efficient organisation that will focus more
on its mandate and optimize human resource utilization, some
organisational reviews were carried out. In that regard, Departments
were re-aligned and staff redeployed to enhance efficiency.
Furthermore, a new Department, Special Insured Institutions
Department (SIID), has been established to facilitate the extension of
the deposit insurance coverage to the recently licensed community
banks and primary mortgage institutions (PMIs) as mandated by its
statute.
c. Management Retreat
Having identified the challenges facing the Corporation under a
democratic setting, a management retreat was held to make for
increased productivity, creativity, innovation and sharper focus so
12
that the Corporation could chart its strategic direction. At the end of
the retreat, a number of strategies were evolved, including the
Corporation’s Vision and Mission Statements. The Vision and Mission
statements were primarily articulated to guide the performance of
the Corporation. It should be noted that the Corporation had no
articulated vision and mission statements until Year 2000. The
articulated statements are as follows:
VISION STATEMENT
“Our vision is to run an efficient institution that is responsive to the
needs of its stakeholders whilst promoting stability and public
confidence in insured financial institutions”
MISSION STATEMENT
“Our mission is to protect depositors through effective supervision of
insured institutions, provision of financial/technical assistance to
eligible insured institutions, prompt payment of guaranteed sums and
orderly resolution of failed insured institutions”
13
included the adoption of the new performance appraisal instrument
for the Corporation; a review and institutionalisation of an enduring
corporate culture; a well defined set of departmental functions and
objectives which are now in tandem with the mandate of the
Corporation; a logical derivation of departmental manning levels; and
a well structured promotion policy, among others.
14
The concept and operational modalities of the DIS are still being
confused with those of conventional insurance business for protection
against fire, marine losses, motor insurance, life insurance, et cetera.
15
Banking supervision remains an integral part of the mechanism for
ensuring safe and sound banking practices and hence for ensuring
depositors’ protection by a DIS that is designed to serve as a risk-
minimiser. The Corporation has noted with serious concern the
integrity problem with the data supplied by the insured banks and
which serve as input for monitoring their health status. The quality
of disclosure has been undermined by this lack of transparency to the
extent that off-site analysis could not provide reliable diagnosis of
emerging problem thus necessitating more frequent on-site
examination, especially for problem banks.
16
Deposit insurance guarantee is primarily intended to reimburse
insured depositors promptly when their banks fail. The insured
depositors need to be promptly reimbursed in order to cushion the
adverse effects of bank failure and to minimize the likelihood of
deposit runs on other banks, thus promoting public confidence and
stability of the banking system.
In practice, NDIC had not been able to achieve the desired target
period for settling insured deposit claims in many banks for a number
of reasons. The state of records of many of the closed banks,
especially those that closed their doors to the public for a longer
period of time before their licences were revoked, had made the
compilation of information very difficult and protracted. Some of the
banks were not fully computerised and had wide branch network.
For instance, the 26 banks closed in January 1998 had about 342
branches spread over 32 states and the Federal Capital Territory.
17
fact, in the case of Savannah Bank, the Corporation, after issuing
notice to commence payment to insured depositors, had to suspend
the exercise in deference to court ruling.
18
amendment of the NDIC Act 1988, which is before the National
Assembly for consideration.
b. Legal Constraints
The legal challenges faced by the NDIC include:
i. Inadequate Legal Provisions
19
A deposit insurer, while acting as a liquidator of closed bank, is
supposed to be vested with special powers. The special powers
are to expedite the liquidation process in order to maintain
confidence and stability of the banking system as well as
ensure cost effectiveness of the liquidation process. Special
powers help to facilitate higher levels of asset realization, which
could minimize losses to the Deposit Insurance Fund.
20
litigation is incalculable. For instance, the harrowing
experience of depositors of Rims Merchant Bank whose licence
was revoked in December, 2000, but the revocation challenged
in January 2001 only for the court to throw out the suit in
March 2003, after two years of delay, could be best imagined.
However, but for the steps taken by the Corporation in
conserving the assets of Rims Merchant Bank Limited, the
depositors and creditors would have been left with nothing at
the end of the day.
21
Some members of management and staff of the recently closed
banks deliberately refused to cooperate with the liquidator
during the closing operations. Some issued threats to their
colleagues who were cooperating with NDIC while others
sponsored media publications against the Regulatory
Authorities. These attitudes make the closing operations
difficult and protracted.
22
Under the Failed Banks (Debt Recovery and Financial
Malpractices in Banks) Act 1994, Failed Bank Tribunals were
established. The Tribunals facilitated substantial recovery of
debts owed to banks while some directors/bank officials, who
were found to have been involved in financial malpractices,
were subjected to due process of the law. The activities of the
Tribunals contributed immensely to sanitizing the banking
sector.
It is our hope that the EFCC would fill the vacuum created by
the scrapping of the Tribunals.
23
NDIC has achieved appreciable success in the disposal of
physical assets of closed banks. Nevertheless, there are few
prime landed properties yet to be sold. The inability to dispose
of these properties is attributable to some problems. The title
documents on some of the assets are subject of litigation while
some of them are located in towns where there is low demand
for such large developed buildings.
24
b. Threat to Depositors’ Fund Arising from Possible
Political Affiliation by Operators
The threats that depositors’ fund could be used to make
political loans remains real under a democratic regime. Such
loans are not likely to be re-paid, especially, if victory is not
achieved at the end of the election. Such risks could threaten
the safety of depositors’ fund. This phenomenon becomes an
issue of serious concern to the NDIC because of the latter’s role
as deposit insurer.
25
the adoption of the risk-based premium assessment approach
in future.
Thank you for your attention and I await your questions and
comments on issues that require further clarification with respect to
the activities of the Corporation.
26