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The Law of Banking in Nigeria - Principles, Statutes and Guidelines captures the general principles of banking law, statutes and guidelines relating to banking transactions. The book is presented in a very simple, precise, and clear language and contains three parts of thirty-one chapters in all covering the general principles of banking. It should create considerable awareness among the general public, law students, law teachers, bank customers as well as banks and bankers. Most certainly, it is a book that will assist the students and researchers in this area of law in wading through the general principles of banking law as well as the numerous Legislation and Guidelines on banking business.
There is little literature on the development of banking regulation in Nigeria, or the scope of powers of the Central Bank of Nigeria, which is its core banking sector regulator. The critical impetus of this book is to contribute to the literature of this area, with a detailed exploration of the Nigerian regulatory architecture. In addition, the book also engages in a comparative analysis with two emerging economies in Africa: South Africa and Kenya. It also considers the UK and the US as comparator jurisdictions in light of their regulatory responses to the global financial crisis of 2008. This book contributes to the ongoing discourse in this area by exploring, in detail, the theoretical underpinnings of regulation and supervision, to determine whether there is an understanding of what constitutes effective regulation in these jurisdictions. Given that Nigeria is the core jurisdictional focus, a historical account of banking exchanges from the pre-colonial era to more recent times is provided. Offering an understanding of how political, local and economic settings, in conjunction with the theories of regulation, have impacted and influenced regulatory development in Nigeria, the book engages in an examination of Nigeria’s historical experiences with bank failures, including the banking crisis it experienced in 2008. The newly enacted Banks and Other Financial Institutions Act 2020 is also explored as part of this discourse. Through a critical analysis of the law, the book demonstrates that the Nigerian regulator has historically adopted a reactionary strategy, instead of a proactive and pragmatic approach, which is imperative for an effective regulatory regime. The outcome of this analysis is that there are lessons to be learned, and proposals are discussed in order to rethink the act of banking regulation.
The challenge of housing the citizenry has remained the intractable burden of most governments. The strategies employed by the respective governments are wide and diverse. What matters is the end result. The Nigerian government has been engaged in different forms of experiments from the precolonial days to date towards meeting this ever-increasing demand. With rising population and shrinking resources available to governments around the world, the option of partnering the private sector in a practical way became inevitable, in order to meet targeted housing stock. The Nigerian government through the instrument of the National Housing Policy with its two-pronged strategy set to overcome this challenge. The Housing Policy was widely applauded as a unique housing compendium and an ingenious housing delivery mechanism. However, so many years after, the housing fortune of Nigerians has weaned and is critically on the precipice. This book examines the inherent weaknesses in the legal and institutional framework with a view to jump-starting the housing sector, which is currently comatose.
This is the most current and comprehensive book on banking law in Nigeria. It is easily reference material for professionals, practitioners in legal and finance industry, law and finance students, especially in tertiary educational institutions.
This book offers a valuable guide to one of the most challenging areas of commercial law, now frequently referred to as secured transactions, with a focus on Nigerian, Canadian and United States perspectives. A debtor’s ability to provide collateral influences not only the cost of the money borrowed, but also in many cases, whether secured lenders are willing to offer credit at all. The book proposes that increasing access to, and indeed, lowering the cost of credit could tremendously boost economic development, while at the same time arguing that this would best be achieved if the legal framework for secured transactions in Nigeria, and of course, any other country with similar experiences, were designed to allow the use of personal property and fixtures to secure credit. Similarly, the creation, priority, perfection, and enforcement of security interests in personal property should be simplified and supported by a framework that ensures that neither the interests of secured lenders nor debtors are hampered, so as to guarantee the continuous availability of affordable credit as well as debtors’ willingness to borrow and do business. The book further argues that in addition to the obvious preference for real property over personal property by secured lenders due to the unreformed secured-transactions legal framework in Nigeria, its compartmentalized nature has also resulted in unpredictability in commerce and the concomitant effects of poor access to credit. Through the comparative research conducted in this book utilizing the UCC Article 9 and Ontario PPSA as benchmarks, the author provides reformers with a repository of tested secured-transactions law solutions, which law reformers in the Commonwealth countries in Africa and beyond, as well as the business community will find valuable in dealing with issues that stem from secured transactions.
This Financial Sector Stability Assessment on Nigeria discusses the macroeconomic performance and structure of the financial system. Although Nigerian economy experienced both domestic and external shocks in recent years, the economy continued to grow rapidly, achieving more than 7 percent growth each year since 2009. The performance of financial institutions has begun to improve, though some of the emergency anti-crisis measures continue to be in place. However, the regulatory and supervisory framework has gaps and weaknesses. In sum, the Nigerian economy has emerged from the banking crisis, and has the potential to enjoy an extended period of strong economic growth.
This book is a compendium of the law relating to contractual obligations and covers specific areas of law of contract, sale of goods contract, hire purchase contract, agency contract, labour contract, banking contract, insurance contract in Nigeria. Essentially, it summarises the basic principles of contractual obligations that are prevalent in day-to-day engagements.
Well-designed banking laws are critical for regulating the market access and operations of banks, as well as their removal from the market in case of failure. While at a financial policy level there is a broad consensus as to the content of banking laws, from a legal perspective their drafting often leaves something to be desired. In spite of what is often argued, the types of weaknesses of banking laws are hardly country-specific; many weaknesses are shared by many banking laws. This working paper discusses those weaknesses and ways to remedy them, by focusing on a selected set of legal policy principles.