CHAPTER ONE

1.0   INTRODUCTION

It is an established fact that Banking industry occupies a prominent position in the Nigeria economy today. The significance of banks stem from the fact that they are custodians of the most sought after commodity on earth. Which is money. Availability of financial capital is obviously a condition for the rapid development and transformation of any national economy.

        However, since the provision and efficient management of this scarce resource is best facilitated by the existence and appropriate function of financial institutions in the economy. It therefore follows that banks have a vital role to play by making their vast financial resources available for financing and promoting economic development banks play this unique role through granting of loans which constitute a vital function in banking operations, because of its direct effect on economic growth and business development. Loans and bank lending which is the primary function of commercial banks. It is the single most important source of gross income for the commercial banks.

        Lending contributes the larger part to a bank’s profit, hence, it is the backbone of banking activities however, the degrees of risk associated with lending is proportionate to it contribution to profit.

        As financial intermediaries, banks assist in channeling funds form surplus economic development generally. Since these funds are owned by third demands the depositors, prudence demands that such funds should be efficiently managed to sustain the confidence of depositors in the banking system and ensure the continued soundless of the system itself and thereby minimize risk of the bank failures.

        Unlike the depositor who is certain of getting his money back on demand and, or when due a lending bankers is faced with the problem of either delay in reimbursement or out right non-reimbursement by the borrowers. As in case of National Bank of Nigeria which is being managed by Nigerian Deposit insurance corporation (NDIC) due to inability to meet its numerous customer’s cash needs. The bank was crippled by the non-payment of about N800 million Naira (eight Hundred million naira lent out to customers. Recovery of these huge debts became more difficult due to poor credit administration and control reflective in subjective appraisal of loan request, improper documentation, poor perfection of securities etc.

        In January 1993, the newly reconstituted management of Owena Bank Plc, discovered several cases of expenses incurred but not properly booked, unearned income over statement and above all several unsecured, unanalyzed loans which are not charged off or provisioned lack of commercial orientation is also glaring in the management and administration of staff leans in Owena Bank Plc.

        By February 1993, total outstanding staff loans was at over N60 million (sixty million Naira) exceed the bank’s paid gross loans. These loans are granted at 28% interest rate per annual against the prevailing cost of loans are said to have been used not for the purpose originally intended and are not support with documentation to secure the bank’s interest.

        Many bank’s in Nigeria today are facing similar problems of national bank limited and owena bank plc stated above and many lead to bank failures if not urgently addressed. In fact, the number of banks sin operation remained at 90 as at end-December, 2002 following the insurance of an operating license to one bank (bond bank Ltd) and the revocation of the operating license of another (savannah bank plc) during the year.

        Nevertheless, this worrisome position of banking industry in Nigeria possibly forms the federal government’s decision to amend C.B.N Decree 24 of 1991, which centers autonomy on the Apex Bank. This amendation granted a wider power to  of bank’s debtors, in addition to the earlier provision in section 52 of the principal decree which authorizes the nation’s apex bank to compile and circulate to all banks in Nigeria a list of debtor whose outstand debts to any bank had been classified by bank examines as bad debts.

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